CSHB 127(FIN) am: "An Act relating to a permanent fund dividend for an individual whose conviction has been vacated, reversed, or dismissed; and relating to the calculation of the value of the permanent fund dividend by including payment to individuals eligible for a permanent fund dividend because of a conviction that has been vacated, reversed, or dismissed."
00 CS FOR HOUSE BILL NO. 127(FIN) am 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) all charges on which the conviction was based are later dismissed 12 and were not dismissed as part of a plea agreement in another criminal case under 13 Rule 11, Alaska Rules of Criminal Procedure; or 14 (2) the individual is retried and found not guilty.
01 (j) To receive a permanent fund dividend under (i) of this section, the 02 individual shall apply for the permanent fund dividend not later than one year after the 03 dismissal or not guilty finding under (i) of this section. 04 * Sec. 2. AS 43.23.025(a) is amended to read: 05 (a) By October 1 of each year, the commissioner shall determine the value of 06 each permanent fund dividend for that year by 07 (1) determining the total amount available for dividend payments, 08 which equals 09 (A) the amount of income of the Alaska permanent fund 10 transferred to the dividend fund under AS 37.13.145(b) during the current year; 11 (B) plus the unexpended and unobligated balances of prior 12 fiscal year appropriations that lapse into the dividend fund under 13 AS 43.23.045(d); 14 (C) less the amount necessary to pay prior year dividends from 15 the dividend fund in the current year under AS 43.23.005(h) and (i), 16 43.23.021, and 43.23.055(3) and (7); 17 (D) less the amount necessary to pay dividends from the 18 dividend fund due to eligible applicants who, as determined by the department, 19 filed for a previous year's dividend by the filing deadline but who were not 20 included in a previous year's dividend computation; 21 (E) less appropriations from the dividend fund during the 22 current year, including amounts to pay costs of administering the dividend 23 program and the hold harmless provisions of AS 43.23.075; 24 (2) determining the number of individuals eligible to receive a 25 dividend payment for the current year and the number of estates and successors 26 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 27 (3) dividing the amount determined under (1) of this subsection by the 28 amount determined under (2) of this subsection. 29 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 TRANSITION. Notwithstanding the time limit for applying for a permanent fund
01 dividend under AS 43.23.005(j), added by sec. 1 of this Act, an individual who is eligible 02 under AS 43.23.005(i), added by sec. 1 of this Act, and whose dismissal or not guilty finding 03 occurred before the effective date of this Act, shall apply for a permanent fund dividend under 04 AS 43.23.005(j), added by sec. 1 of this Act, not later than one year after the effective date of 05 this Act.