00 CS FOR HOUSE BILL NO. 127(STA) 01 "An Act relating to service in the peace corps as an allowable absence from the state for 02 purposes of eligibility for permanent fund dividends and to the period for filing an 03 application for a permanent fund dividend; authorizing the Department of Revenue to 04 issue administrative orders imposing sanctions for certain misrepresentations or other 05 actions concerning eligibility for a permanent fund dividend and providing for 06 administrative appeal of those orders; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. AS 43.23.008(a) is amended to read: 09 (a) Subject to (b) and (c) of this section, an otherwise eligible individual who 10 is absent from the state during the qualifying year remains eligible for a current year 11 permanent fund dividend if the individual was absent 12 (1) receiving secondary or postsecondary education on a full-time 13 basis; 01 (2) receiving vocational, professional, or other specific education on a 02 full-time basis for which, as determined by the Alaska Commission on Postsecondary 03 Education, a comparable program is not reasonably available in the state; 04 (3) serving on active duty as a member of the armed forces of the 05 United States or accompanying, as that individual's spouse, minor dependent, or 06 disabled dependent, an individual who is 07 (A) serving on active duty as a member of the armed forces of 08 the United States; and 09 (B) eligible for a current year dividend; 10 (4) serving under foreign or coastal articles of employment aboard an 11 oceangoing vessel of the United States merchant marine; 12 (5) receiving continuous medical treatment recommended by a 13 licensed physician or convalescing as recommended by the physician that treated the 14 illness if the treatment or convalescence is not based on a need for climatic change; 15 (6) providing care for a parent, spouse, sibling, child, or stepchild with 16 a critical life-threatening illness whose treatment plan, as recommended by the 17 attending physician, requires travel outside the state for treatment at a medical 18 specialty complex; 19 (7) providing care for the individual's terminally ill family member; 20 (8) settling the estate of the individual's deceased parent, spouse, 21 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 22 (9) serving as a member of the United States Congress; 23 (10) serving on the staff of a member from this state of the United 24 States Congress; 25 (11) serving as an employee of the state in a field office or other 26 location; 27 (12) accompanying a minor who is absent under (5) of this subsection; 28 (13) accompanying another eligible resident who is absent for a reason 29 permitted under (1), (2), (5) - (12), [OR] (14), or (15) of this subsection as the spouse, 30 minor dependent, or disabled dependent of the eligible resident; 31 (14) serving as a volunteer in the federal peace corps program;  01 (15) for any reason consistent with the individual's intent to remain a 02 state resident, provided the absence or cumulative absences do not exceed 03 (A) 180 days in addition to any absence or cumulative absences 04 claimed under (3) of this subsection if the individual is not claiming an absence 05 under (1), (2), or (4) - (14) [(4) - (13)] of this subsection; 06 (B) 120 days in addition to any absence or cumulative absences 07 claimed under (1) - (3) of this subsection if the individual is not claiming an 08 absence under (4) - (14) [(4) - (13)] of this subsection but is claiming an 09 absence under (1) or (2) of this subsection; or 10 (C) 45 days in addition to any absence or cumulative absences 11 claimed under (1) - (14) [(1) - (13)] of this subsection if the individual is 12 claiming an absence under (1) - (14) [(4) - (13)] of this subsection. 13  * Sec. 2. AS 43.23.008(b) is amended to read: 14 (b) An individual may not claim an allowable absence under (a)(1) - (14) 15 [(a)(1) - (13)] of this section unless the individual was a resident of the state for at 16 least six consecutive months immediately before leaving the state. 17  * Sec. 3. AS 43.23.011(a) is amended to read: 18 (a) An application for a permanent fund dividend shall be filed during the 19 period that begins January 1 [JANUARY 2] and ends March 31 of that dividend year. 20  * Sec. 4. AS 43.23.035(c) is amended to read: 21 (c) In addition to any criminal penalties imposed by state law, if the  22 department finds that an [AN] individual [WHO], in claiming a permanent fund 23 dividend, or an individual [WHO], in certifying another person's eligibility, wilfully 24 misrepresents, exercises gross negligence with respect to, or recklessly disregards a 25 material fact pertaining to, eligibility, the department may issue an order against  26 the individual for the  27 (1) forfeiture of [FORFEITS] the dividend;  28 (2) imposition of [, IS SUBJECT TO] a civil fine of up to $3,000; 29 [$5,000,] and 30 (3) loss of [LOSES] eligibility to receive the next five dividends 31 following the forfeited dividend [DIVIDENDS. THE COMMISSIONER MAY 01 COMMENCE PROCEEDINGS IN COURT TO ENFORCE THIS SUBSECTION]. 02  * Sec. 5. AS 43.23.035 is amended by adding a new subsection to read: 03 (e) The provisions of AS 43.23.015(g) and (i) apply to a request for review of, 04 and to appeal of, a decision under (c) of this section by an individual aggrieved by the 05 decision. When all appeals have been exhausted under this chapter or the time when 06 all of the appeals that could have been taken has expired, the order issued imposing a 07 civil fine, forfeiture, or loss of eligibility becomes final and enforceable in the same 08 manner as a judgment of the court. 09  * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 REGULATIONS AND APPLICATION. (a) The Department of Revenue may 12 immediately adopt regulations necessary to implement the changes made by secs. 3 - 5 of this 13 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 14 before July 1, 2005. 15 (b) AS 43.23.035(c), as amended in sec. 4 of this Act, and AS 43.23.035(e), as added 16 in sec. 5 of this Act, apply only with respect to applications filed on or after July 1, 2005. 17 AS 43.23.035(c) as it read immediately before July 1, 2005, applies with respect to 18 applications filed before July 1, 2005. 19  * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 20  * Sec. 8. Sections 3 - 5 of this Act take effect July 1, 2005. 21  * Sec. 9. Sections 1 and 2 of this Act take effect January 1, 2006.