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House Finance hears bill to return missed PFDs to people with vacated convictions
Summary
On May 17, the House Finance Committee heard testimony on Senate Bill 167, which would allow people whose convictions are reversed or vacated to apply to recover Permanent Fund Dividend payments they missed while incarcerated. Committee members pressed sponsors on eligibility, retroactivity and administrative procedures; an amendment deadline was set for May 18.
Juneau — The House Finance Committee took up Senate Bill 167 on May 17, a measure sponsored by Sen. Scott Kawasaki that would allow people whose convictions are reversed or vacated to apply to recover Permanent Fund Dividend (PFD) payments they were unable to receive while incarcerated.
Sen. Scott Kawasaki, the bill’s sponsor, told the committee the measure is “not about restoration or and not comp is about restoration and not compensation,” and said “the bill ensures that the state returns funds that are due.” He said the proposal is aimed at restoring property the state effectively withheld when convictions were later found invalid.
The bill would require an initial reversal or vacatur of a conviction; thereafter, eligibility depends on a dismissal by prosecutors or a retrial that results in an acquittal, Nancy Mead, general counsel for the Alaska court system, told the committee. “The case does have to be reversed or vacated in every instance,” Mead said, and then one of the subsequent conditions must occur for the claim to proceed.
Genevieve Watusik, director of the Permanent Fund Dividend Division in the Department of Revenue, said the division already operates processes to handle applicants who applied while incarcerated and were denied. For newly eligible individuals, she said the division can process a small number of paper applications and does not expect the administrative burden to be large.
Committee members pressed sponsors on several points: whether pardons would qualify (Kawasaki said they would not), whether the bill is retroactive (staff pointed to language on page 3 that makes it retroactive), and whether the statutory one‑year window to submit an application after release should be extended (advocates recommended three years; the bill currently contains a one‑year deadline as drafted). Members also asked how potential double‑payments would be avoided where a person’s PFD had been directed while incarcerated to the restorative justice account; staff and counsel explained the restorative justice amounts are not legally the individual’s PFD and the bill focuses on restoring the individual entitlement.
Staff working with advocates estimated a small universe of likely eligible people — roughly five individuals identified from court and advocacy records, including the Fairbanks Four and one person in Petersburg — and an approximate total back‑PFD amount of $107,852.38. Watusik described the fiscal note (control code GZVGP) as indeterminate because the full pool of eligible people is uncertain.
The committee did not take a final vote on the bill. Chair Foster set an amendment deadline for Monday, May 18, at noon, and said the committee plans to meet at 9 a.m. the next day if floor scheduling allows. The panel adjourned at 8:47 p.m.
What happens next: the committee will accept amendments by the posted deadline and may take further action at its next scheduled meeting; the PFD Division and reentry coalitions were discussed as likely channels to help notify eligible people, though staff emphasized that self‑identification and counsel notification will be important for claimants.
