CSHB 189(STA): "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. 189(STA) 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 and the dismissal was not part of a plea agreement in another criminal case under Rule 13 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. An individual eligible to 04 receive a permanent fund dividend under (i) of this section is eligible even if, having 05 previously been determined ineligible under (d) of this section, a transfer has been 06 made into the restorative justice account under AS 43.23.048(a) in an amount equal to 07 the amount that would have been paid to the individual as a permanent fund dividend 08 for the applicable fiscal year. 09 * Sec. 2. AS 43.23.025(a) is amended to read: 10 (a) By October 1 of each year, the commissioner shall determine the value of 11 each permanent fund dividend for that year by 12 (1) determining the total amount available for dividend payments, 13 which equals 14 (A) the amount of income of the Alaska permanent fund 15 transferred to the dividend fund under AS 37.13.145(b) during the current year; 16 (B) plus the unexpended and unobligated balances of prior 17 fiscal year appropriations that lapse into the dividend fund under 18 AS 43.23.045(d); 19 (C) less the amount necessary to pay prior year dividends from 20 the dividend fund in the current year under AS 43.23.005(h) and (i), 21 43.23.021, and 43.23.055(3) and (7); 22 (D) less the amount necessary to pay dividends from the 23 dividend fund due to eligible applicants who, as determined by the department, 24 filed for a previous year's dividend by the filing deadline but who were not 25 included in a previous year's dividend computation; 26 (E) less appropriations from the dividend fund during the 27 current year, including amounts to pay costs of administering the dividend 28 program and the hold harmless provisions of AS 43.23.240; 29 (2) determining the number of individuals eligible to receive a 30 dividend payment for the current year and the number of estates and successors 31 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and
01 (3) dividing the amount determined under (1) of this subsection by the 02 amount determined under (2) of this subsection. 03 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION. Notwithstanding the time limit for applying for a permanent fund 06 dividend under AS 43.23.005(j), added by sec. 1 of this Act, an individual who is eligible 07 under AS 43.23.005(i), added by sec. 1 of this Act, and whose dismissal or not guilty finding 08 occurred before the effective date of this Act, shall apply for a permanent fund dividend under 09 AS 43.23.005(j), added by sec. 1 of this Act, not later than one year after the effective date of 10 this Act.