HB 45 — An Act relating to contributions from permanent fund dividends to the general and permanent funds.

33-LS0309\B33-LS0309\A CS FOR HOUSE BILL NO.

45(W&M)45 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY THEREPRESENTATIVES HOUSEPRAX, SPECIALCarpenter, COMMITTEERauscher, ONWright, WAYSMcKay, ANDCoulombe, MEANSD.Johnson, Referred:Stapp, Josephson, Stutes, Tomaszewski, McCabe, Allard, Vance, Ruffridge, Foster, Carrick, Patkotak, Tilton, Sumner, Cronk, C.Johnson, Shaw, Ortiz, Gray, Groh Introduced:

Finance1/25/23 Sponsor(s):Referred:

REPRESENTATIVESHouse PRAX,Special Carpenter,Committee Rauscher,on Wright,Ways McKay,and Coulombe,Means, D.Johnson,Finance Stapp, Josephson, Stutes, Tomaszewski, McCabe, Allard, Vance, Ruffridge, Foster, Carrick, Patkotak, Tilton, Sumner, Cronk, C.Johnson, Shaw, Ortiz, Gray, Groh A BILL FOR AN ACT ENTITLED "An Act relating to contributions and donations from permanent fund dividends."dividends to the general and permanent funds." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

AS 43.23.055 is amended to read:

Sec.

43.23.055.

Duties of the department.

The department shall (1) annually pay permanent fund dividends from the dividend fund;

(2) subject to AS 43.23.011 and (8) of this section, adopt regulations under AS 44.62 (Administrative Procedure Act) that establish procedures and time limits for claiming a permanent fund dividend;

the department shall determine the number of eligible applicants by October 1 of the year for which the dividend is declared and pay the dividends by December 31 of that year;

(3) adopt regulations under AS 44.62 (Administrative Procedure Act) that establish procedures and time limits for an individual upon emancipation or upon reaching majority to apply for permanent fund dividends not received during minority because the parent, guardian, or other authorized representative did not apply on behalf of the individual;

HB0045b -1- CSHB 45(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0309\B (4) assist residents of the state, particularly in rural areas, who, because of language, disability, or inaccessibility to public transportation, need assistance to establish eligibility and to apply for permanent fund dividends;

(5) use a list of individuals ineligible for a dividend under AS 43.23.005(d) provided annually by the Department of Corrections and the Department of Public Safety to determine the number and identity of those individuals;

(6) adopt regulations that are necessary to implement AS 43.23.005(d) and 43.23.048;

(7) adopt regulations that establish procedures for the parent, guardian, or other authorized representative of a disabled individual to apply for prior year permanent fund dividends not received by the disabled individual because no application was submitted on behalf of the individual;

(8) adopt regulations that establish procedures for an individual to apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not collected within two years after the date of its issuance;

however, the department may not establish a time limit within which an application to have a disbursement reissued must be filed;

(9) provide any information, upon request, contained in permanent fund dividend records to the child support services agency created in AS 25.27.010, or the child support enforcement agency of another state, for child support purposes authorized under law;

if the information is contained in an electronic data base, the department shall provide the requesting agency with either (A) access to the data base;

or (B) a copy of the information in the data base and a statement certifying its contents;

(10) establish a fraud investigation unit for the purpose of assisting the (A) Department of Law in the prosecution of individuals who apply for or obtain a permanent fund dividend in violation of a provision in AS 11, by detecting and investigating those crimes;

and (B) commissioner to detect and investigate the claiming or CSHB 45(W&M) -2- HB0045b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0309\B paying of permanent fund dividends that should not have been claimed by or paid to an individual and to impose the penalties and enforcement provisions under AS 43.23.270;

(11) adopt regulations under AS 44.62 (Administrative Procedure Act) so that, [CONTRIBUTIONS UNDER AS 43.23.130 ARE GIVEN A PRIORITY OVER DONATIONS UNDER AS 43.23.230] if the total amount of contributions and donations elected by an applicant exceeds the amount of the permanent fund dividend that the applicant is entitled to receive, contributions and donations are given the following priority order:

(A) contributions under AS 43.23.130;

(B) donations under AS 43.23.230;

(C) contributions under AS 43.23.135.

* Sec.

2.

A contribution to the state general fund or the principal of the permanent fund may be 10$25 percent of the amount of the dividend or more, in increments of 10$25, percent, up to the total amount of the permanent fund dividend that the applicant is entitled to receive.

If the applicant's total amount of contributions under this subsection, when added to the total amount of contributions under AS 43.23.13043.23.130, and donations under AS 43.23.230, exceeds the amount of the permanent fund dividend that the applicant is entitled to receive, contributions under AS 43.23.130 andHB0045a donations-1- underHB AS45 43.23.230New Text Underlined [DELETED TEXT BRACKETED] 33-LS0309\A shall have priority over contributions under this subsection.

MoneyThe fromelectronic aapplication contributionmust underinclude thisnotice subsectionthat orseven frompercent of the dividendmoney contributed to the state general fund mayor notthe principal of the permanent fund will be used for administrative costs incurred in implementing this subsection.subsection and that money from the dividend fund will not be used for that purpose.

HB0045b -3- CSHB 45(W&M) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0309\B (c) In preparing the electronic Alaska permanent fund dividend application, the department shall ensure that the option to make a contribution under this section is in a separate section of the application than the option to make a contribution under AS 43.23.130.

CSHBHB 45(W&M)45 -4--2- HB0045bHB0045a New Text Underlined [DELETED TEXT BRACKETED]