00                      CS FOR HOUSE BILL NO. 127(FIN)                                                                    
01 "An Act relating to a permanent fund dividend for an individual whose conviction has                                    
02 been vacated, reversed, or dismissed; and relating to the calculation of the value of the                               
03 permanent fund dividend by including payment to individuals eligible for a permanent                                    
04 fund dividend because of a conviction that has been vacated, reversed, or dismissed."                                   
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 43.23.005 is amended by adding new subsections to read:                                            
07 (i)  An individual who was ineligible to receive a permanent fund dividend for                                          
08 a dividend year under (d) of this section because of a conviction is eligible to receive                                
09 the permanent fund dividend for each year the individual was ineligible if the                                          
10       individual's conviction is vacated or reversed, and                                                               
11                 (1)  the charges on which the conviction was based are later dismissed;                                 
12       or                                                                                                                
13                 (2)  the individual is retried and found not guilty.                                                    
14            (j)  To receive a permanent fund dividend under (i) of this section, the                                     

01       individual shall apply for the permanent fund dividend not later than one year after the                          
02       dismissal or not guilty finding under (i) of this section.                                                        
03    * Sec. 2. AS 43.23.025(a) is amended to read:                                                                      
04            (a)  By October 1 of each year, the commissioner shall determine the value of                                
05       each permanent fund dividend for that year by                                                                     
06                 (1)  determining the total amount available for dividend payments,                                      
07       which equals                                                                                                      
08                      (A)  the amount of income of the Alaska permanent fund                                             
09            transferred to the dividend fund under AS 37.13.145(b) during the current year;                              
10 (B)  plus the unexpended and unobligated balances of prior                                                              
11 fiscal year appropriations that lapse into the dividend fund under                                                      
12            AS 43.23.045(d);                                                                                             
13 (C)  less the amount necessary to pay prior year dividends from                                                         
14 the dividend fund in the current year under AS 43.23.005(h) and (i),                                                
15            43.23.021, and 43.23.055(3) and (7);                                                                         
16 (D)  less the amount necessary to pay dividends from the                                                                
17 dividend fund due to eligible applicants who, as determined by the department,                                          
18 filed for a previous year's dividend by the filing deadline but who were not                                            
19            included in a previous year's dividend computation;                                                          
20 (E)  less appropriations from the dividend fund during the                                                              
21 current year, including amounts to pay costs of administering the dividend                                              
22            program and the hold harmless provisions of AS 43.23.075;                                                    
23 (2)  determining the number of individuals eligible to receive a                                                        
24 dividend payment for the current year and the number of estates and successors                                          
25 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and                                  
26 (3)  dividing the amount determined under (1) of this subsection by the                                                 
27       amount determined under (2) of this subsection.                                                                   
28    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
29 read:                                                                                                                   
30 TRANSITION. Notwithstanding the time limit for applying for a permanent fund                                            
31 dividend under AS 43.23.005(j), added by sec. 1 of this Act, an individual who is eligible                              

01 under AS 43.23.005(i), added by sec. 1 of this Act, and whose dismissal or not guilty finding                           
02 occurred before the effective date of this Act, shall apply for a permanent fund dividend under                         
03 AS 43.23.005(j), added by sec. 1 of this Act, not later than one year after the effective date of                       
04 this Act.