PFD ELIGIBILITY; PFD FOR OVERTURN CONVIC., the official text

Enrolled SB 167 
 Relating to eligibility of criminal offenders for certain benefits, including the permanent fund 
 dividend; 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. 
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 * Section 1. AS 43.23.005 is amended by adding new subsections to read: 
 (i) An individual who was ineligible to receive a permanent fund dividend for 
 a dividend year under (d) of this section because of a conviction is eligible to receive 
 the permanent fund dividend for each year the individual was ineligible if the 
 individual's conviction is vacated or reversed and 
 (1) the charges on which the conviction was based are later dismissed

and the dismissal was not part of a plea agreement in another criminal case under Rule 
 11, Alaska Rules of Criminal Procedure; or 
 (2) the individual is retried and found not guilty. 
 (j) To receive a permanent fund dividend under (i) of this section, the 
 individual shall apply for the permanent fund dividend not later than two years after 
 the dismissal or not guilty finding under (i) of this section. An individual eligible to 
 receive a permanent fund dividend under (i) of this section is eligible even if, having 
 previously been determined ineligible under (d) of this section, a transfer has been 
 made into the restorative justice account under AS 43.23.048(a) in an amount equal to 
 the amount that would have been paid to the individual as a permanent fund dividend 
 for the applicable fiscal year. 
 * Sec. 2. AS 43.23.025(a) is amended to read: 
 (a) By October 1 of each year, the commissioner shall determine the value of 
 each permanent fund dividend for that year by 
 (1) determining the total amount available for dividend payments, 
 which equals 
 (A) the amount of income of the Alaska permanent fund 
 transferred to the dividend fund under AS 37.13.145(b) during the current year; 
 (B) plus the unexpended and unobligated balances of prior 
 fiscal year appropriations that lapse into the dividend fund under 
 AS 43.23.045(d); 
 (C) less the amount necessary to pay prior year dividends from 
 the dividend fund in the current year under AS 43.23.005(h) and (i), 
 43.23.021, and 43.23.055(3) and (7); 
 (D) less the amount necessary to pay dividends from the 
 dividend fund due to eligible applicants who, as determined by the department, 
 filed for a previous year's dividend by the filing deadline but who were not 
 included in a previous year's dividend computation; 
 (E) less appropriations from the dividend fund during the 
 current year, including amounts to pay costs of administering the dividend 
 program and the hold harmless provisions of AS 43.23.240;

(2) determining the number of individuals eligible to receive a 
 dividend payment for the current year and the number of estates and successors 
 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 
 (3) dividing the amount determined under (1) of this subsection by the 
 amount determined under (2) of this subsection. 
 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 
 read: 
 TRANSITION. Notwithstanding the time limit for applying for a permanent fund 
 dividend under AS 43.23.005(j), added by sec. 1 of this Act, an individual who is eligible 
 under AS 43.23.005(i), added by sec. 1 of this Act, and whose dismissal or not guilty finding 
 occurred before the effective date of this Act, shall apply for a permanent fund dividend under 
 AS 43.23.005(j), added by sec. 1 of this Act, not later than two years after the effective date of 
 this Act.