SB0167A -1- SB 167 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0491\A SENATE BILL NO. 167 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY SENATOR KAWASAKI Introduced: 4/10/25 Referred: State Affairs, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to a permanent fund dividend for an individual whose conviction has 1 been vacated, reversed, or dismissed; and relating to the calculation of the value of the 2 permanent fund dividend by including payment to individuals eligible for a permanent 3 fund dividend because of a conviction that has been vacated, reversed, or dismissed." 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 * Section 1. AS 43.23.005 is amended by adding new subsections to read: 6 (i) An individual who was ineligible to receive a permanent fund dividend for 7 a dividend year under (d) of this section because of a conviction is eligible to receive 8 the permanent fund dividend for each year the individual was ineligible if the 9 individual's conviction is vacated or reversed, and 10 (1) the charges on which the conviction was based are later dismissed; 11 or 12 (2) the individual is retried and found not guilty. 13 (j) To receive a permanent fund dividend under (i) of this section, the 14 34-LS0491\A SB 167 -2- SB0167A New Text Underlined [DELETED TEXT BRACKETED] individual shall apply for the permanent fund dividend not later than one year after the 1 dismissal or not guilty finding under (i) of this section. 2 * Sec. 2. AS 43.23.025(a) is amended to read: 3 (a) By October 1 of each year, the commissioner shall determine the value of 4 each permanent fund dividend for that year by 5 (1) determining the total amount available for dividend payments, 6 which equals 7 (A) the amount of income of the Alaska permanent fund 8 transferred to the dividend fund under AS 37.13.145(b) during the current year; 9 (B) plus the unexpended and unobligated balances of prior 10 fiscal year appropriations that lapse into the dividend fund under 11 AS 43.23.045(d); 12 (C) less the amount necessary to pay prior year dividends from 13 the dividend fund in the current year under AS 43.23.005(h) and (i), 14 43.23.021, and 43.23.055(3) and (7); 15 (D) less the amount necessary to pay dividends from the 16 dividend fund due to eligible applicants who, as determined by the department, 17 filed for a previous year's dividend by the filing deadline but who were not 18 included in a previous year's dividend computation; 19 (E) less appropriations from the dividend fund during the 20 current year, including amounts to pay costs of administering the dividend 21 program and the hold harmless provisions of AS 43.23.240; 22 (2) determining the number of individuals eligible to receive a 23 dividend payment for the current year and the number of estates and successors 24 eligible to receive a dividend payment for the current year under AS 43.23.005(h); and 25 (3) dividing the amount determined under (1) of this subsection by the 26 amount determined under (2) of this subsection. 27 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TRANSITION. Notwithstanding the time limit for applying for a permanent fund 30 dividend under AS 43.23.005(j), added by sec. 1 of this Act, an individual who is eligible 31 34-LS0491\A SB0167A -3- SB 167 New Text Underlined [DELETED TEXT BRACKETED] under AS 43.23.005(i), added by sec. 1 of this Act, and whose dismissal or not guilty finding 1 occurred before the effective date of this Act, shall apply for a permanent fund dividend under 2 AS 43.23.005(j), added by sec. 1 of this Act, not later than one year after the effective date of 3 this Act. 4