HB 241: "An Act relating to the nonresident surcharge for commercial fishing permits."
00 HOUSE BILL NO. 241 01 "An Act relating to the nonresident surcharge for commercial fishing permits." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 16.43.160 is amended by adding new subsections to read: 04 (e) For the purpose of payment of the nonresident surcharge under (c) of this 05 section, a "nonresident" is an individual who is not eligible to receive a permanent 06 fund dividend under AS 43.23.005(a)(2) - (7) in the calendar year in which the 07 surcharge is due. An individual may show that the individual is not subject to the 08 nonresident surcharge by providing proof that the individual 09 (1) received a permanent fund dividend for that year; 10 (2) applied for a permanent fund dividend for that year and the 11 Department of Revenue has determined that the individual is eligible to receive a 12 permanent fund dividend for that year; 13 (3) has a pending application for a permanent fund dividend for that 14 year and received a permanent fund dividend for the immediately preceding year; or 15 (4) is otherwise eligible to receive a permanent fund under
01 AS 43.23.005(a)(2) - (7). 02 (f) The commission shall confirm with the Department of Revenue an 03 individual's 04 (1) receipt of a permanent fund dividend; or 05 (2) eligibility to receive a permanent fund dividend under 06 AS 43.23.005(2) - (7). 07 * Sec. 2. AS 43.23.055 is amended to read: 08 Sec. 43.23.055. Duties of the department. The department shall 09 (1) annually pay permanent fund dividends from the dividend fund; 10 (2) subject to AS 43.23.011 and paragraph (8) of this section, adopt 11 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures 12 and time limits for claiming a permanent fund dividend; the department shall 13 determine the number of eligible applicants by October 1 of the year for which the 14 dividend is declared and pay the dividends by December 31 of that year; 15 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 16 that establish procedures and time limits for an individual upon emancipation or upon 17 reaching majority to apply for permanent fund dividends not received during minority 18 because the parent, guardian, or other authorized representative did not apply on 19 behalf of the individual; 20 (4) assist residents of the state, particularly in rural areas, who because 21 of language, disability, or inaccessibility to public transportation need assistance to 22 establish eligibility and to apply for permanent fund dividends; 23 (5) use a list of individuals ineligible for a dividend under 24 AS 43.23.005(d) provided annually by the Department of Corrections and the 25 Department of Public Safety to determine the number and identity of those 26 individuals; 27 (6) adopt regulations that are necessary to implement AS 43.23.005(d); 28 (7) adopt regulations that establish procedures for the parent, guardian, 29 or other authorized representative of a disabled individual to apply for prior year 30 permanent fund dividends not received by the disabled individual because no 31 application was submitted on behalf of the individual;
01 (8) adopt regulations that establish procedures for an individual to 02 apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 03 collected within two years after the date of its issuance; however, the department may 04 not establish a time limit within which an application to have a disbursement reissued 05 must be filed; 06 (9) provide any information, upon request, contained in permanent 07 fund dividend records to the child support services agency created in AS 25.27.010, or 08 the child support enforcement agency of another state, for child support purposes 09 authorized under law; if the information is contained in an electronic data base, the 10 department shall provide the requesting agency with either 11 (A) access to the data base; or 12 (B) a copy of the information in the data base and a statement 13 certifying its contents; 14 (10) establish a fraud investigation unit for the purpose of assisting the 15 (A) Department of Law in the prosecution of individuals who 16 apply for or obtain a permanent fund dividend in violation of a provision in 17 AS 11, by detecting and investigating those crimes; and 18 (B) commissioner to detect and investigate the claiming or 19 paying of permanent fund dividends that should not have been claimed by or 20 paid to an individual and to impose the penalties and enforcement provisions 21 under AS 43.23.035; 22 (11) confirm for the Alaska Commercial Fisheries Entry 23 Commission under AS 16.43.160(f) that an individual has received, or is eligible 24 to receive, a permanent fund dividend.