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SB 9: "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                              SENATE BILL NO. 9                                                                          
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 43.23.240;                                                    
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.