05/12/2025 01:30 PM Senate JUDICIARY

        SB 167-CRIM. CONV. OVERTURNED: RECEIVE PAST PFD                                                                     
           [CSSB 167(STA) was before the committee.]                                                                            
                                                                                                                                
1:44:18 PM                                                                                                                    
CHAIR CLAMAN announced  the consideration of SENATE  BILL NO. 167                                                               
"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."                                                                                               
                                                                                                                                
CHAIR CLAMAN  said this is  the second hearing  of SB 167  in the                                                               
Senate Judiciary Committee. The intention  is to look to the will                                                               
of  the committee  to move  the bill.  He invited  questions from                                                               
committee members.                                                                                                              
                                                                                                                                
1:44:47 PM                                                                                                                    
SENATOR  MYERS referenced  language the  State Affairs  Committee                                                               
inserted  in the  bill on  page 1,  line 12,  which ensured  "the                                                               
dismissal  was  not part  of  a  plea agreement."  He  questioned                                                               
whether  plea  agreement  ineligibility applies  only  to  felony                                                               
convictions or also to misdemeanor convictions.                                                                                 
                                                                                                                                
SENATOR MYERS stated  that he wanted to ensure  the language does                                                               
not allow  individuals to plead down  to a level that  would make                                                               
them  eligible  for   a  PFD  despite  having   other  felony  or                                                               
misdemeanor  convictions, whichever  applies. He  asked staff  to                                                               
elaborate on that issue.                                                                                                        
                                                                                                                                
1:46:13 PM                                                                                                                    
CHAIR  CLAMAN  directed  the  question to  the  director  of  the                                                               
Permanent Fund  Division for the specifics  of who is and  is not                                                               
eligible.                                                                                                                       
                                                                                                                                
1:46:42 PM                                                                                                                    
GENEVIEVE WOJTUSIK,  Director, Permanent Fund  Dividend Division,                                                               
Department  of Revenue,  Juneau,  Alaska, cited  AS 43.23.005(d),                                                               
Eligibility:                                                                                                                    
                                                                                                                                
       Notwithstanding the provisions of (a)  (c) of this                                                                       
     section, an individual is not eligible for a permanent                                                                     
     fund dividend for a dividend year when                                                                                     
       (1) during the qualifying year, the individual was                                                                       
     sentenced as a result of conviction in this state of a                                                                     
     felony;                                                                                                                    
       (2) during all or part of the qualifying year, the                                                                       
         individual was incarcerated as a result of the                                                                         
     conviction in this state of a                                                                                              
          (A) felony; or                                                                                                        
           (B) misdemeanor if the individual has been                                                                           
     convicted of                                                                                                               
              (i) a prior felony [as defined in AS                                                                              
     11.81.900;] or                                                                                                             
            (ii) two or more prior misdemeanors [as                                                                             
     defined in AS 11.81.900.]                                                                                                  
                                                                                                                                
1:47:28 PM                                                                                                                    
SENATOR  MYERS   asked  whether   an  individual  with   a  prior                                                               
conviction  that   made  them   ineligible  could   later  become                                                               
eligible. For  example, if that  conviction were vacated  as part                                                               
of a  plea deal with  reduced charges, provided the  charges were                                                               
reduced enough for eligibility. He  stated that the intent should                                                               
be to ensure  that individuals whose convictions  are vacated due                                                               
to findings of  fact or trial error would be  eligible to receive                                                               
PFDs, but  not in cases  where eligibility is restored  through a                                                               
technicality.                                                                                                                   
                                                                                                                                
1:48:29 PM                                                                                                                    
MS. WOJTUSIK  deferred to the  court system or  Legislative Legal                                                               
Services.                                                                                                                       
                                                                                                                                
1:48:38 PM                                                                                                                    
CHAIR CLAMAN directed the question to Ms. Meade.                                                                                
                                                                                                                                
1:48:53 PM                                                                                                                    
NANCY  MEADE, General  Counsel, Alaska  Court System,  Anchorage,                                                               
Alaska, replied  that, as  she interprets  SB 167,  an individual                                                               
incarcerated  for  a  felony  or a  misdemeanor  with  priors  is                                                               
ineligible. These  individuals will only become  eligible for and                                                               
covered under SB 167 if all  charges are dismissed. No plea deal.                                                               
She explained that  a reversed or vacated judgment  that is later                                                               
resolved by  a plea to  a lesser  charge in superior  court would                                                               
not be eligible  under SB 167 because the charges  would not have                                                               
been fully dismissed.                                                                                                           
                                                                                                                                
MS. MEAD  stated that  SB 167 clarifies  that dismissals  made as                                                               
part of a  plea agreement in another case would  not qualify. She                                                               
explained that if  a case is dismissed in exchange  for a plea in                                                               
a separate matter, that dismissal  would not meet the eligibility                                                               
criteria under SB 167. She stated  that, as she reads between the                                                               
lines, the intent of the  language appears to focus on situations                                                               
involving full  dismissal of charges, rather  than cases resolved                                                               
through plea agreements or reduced charges.                                                                                     
                                                                                                                                
1:50:21 PM                                                                                                                    
SENATOR MYERS said that satisfies his concerns.                                                                                 
1:50:38 PM                                                                                                                    
CHAIR CLAMAN solicited the will of the committee.                                                                               
                                                                                                                                
1:50:41 PM                                                                                                                    
SENATOR  KIEHL moved  to  report CSSB  167(STA),  work order  34-                                                               
LS0491\N,  from  committee  with individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
1:50:57 PM                                                                                                                    
CHAIR CLAMAN  found no objection  and CSSB 167(STA)  was reported                                                               
from the Senate Judiciary Standing Committee.