CSHB 4(STA)(TITLE AM): "An Act allowing, for the purposes of permanent fund dividend eligibility, an individual to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for vocational, professional, or other specific education for which a comparable program is not reasonably available in the state, for secondary or postsecondary education, for military service, for medical treatment, for service in the Congress or in the Peace Corps, or for other reasons that the commissioner of revenue may establish by regulation; requiring, for the purposes of permanent fund dividend eligibility, an individual who is not physically present in the state to maintain and demonstrate at all times an intent to return to the state to remain permanently; relating to the eligibility for 1992, 1993, and 1994 permanent fund dividends of certain spouses and dependents of eligible applicants; relating to appeal periods for certain 1994 permanent fund dividends; and providing for an effective date."
00CS FOR HOUSE BILL NO. 4(STA)(title am) 01 "An Act allowing, for the purposes of permanent fund dividend eligibility, an 02 individual to accompany, as the spouse or minor or disabled dependent, another 03 eligible resident who is absent for vocational, professional, or other specific 04 education for which a comparable program is not reasonably available in the 05 state, for secondary or postsecondary education, for military service, for medical 06 treatment, for service in the Congress or in the Peace Corps, or for other 07 reasons that the commissioner of revenue may establish by regulation; requiring, 08 for the purposes of permanent fund dividend eligibility, an individual who is 09 not physically present in the state to maintain and demonstrate at all times an 10 intent to return to the state to remain permanently; relating to the eligibility 11 for 1992, 1993, and 1994 permanent fund dividends of certain spouses and 12 dependents of eligible applicants; relating to appeal periods for certain 1994 13 permanent fund dividends; and providing for an effective date." 14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 43.23.005(a) is amended to read: 02 (a) An individual is eligible to receive one permanent fund dividend each year 03 in an amount to be determined under AS 43.23.025 if the individual 04 (1) [THE INDIVIDUAL] applies to the department; 05 (2) [ON THE DATE OF APPLICATION THE INDIVIDUAL] is a 06 state resident on the date of application; 07 (3) [THE INDIVIDUAL] was a state resident for at least the calendar 08 year immediately preceding January 1 of the current dividend year; 09 (4) [THE INDIVIDUAL] has been physically present in the state at 10 some time during the prior two calendar years before the current dividend year; [AND] 11 (5) [THE INDIVIDUAL] is 12 (A) a citizen of the United States; 13 (B) an alien lawfully admitted for permanent residence in the 14 United States; 15 (C) an alien with refugee status under federal law; or 16 (D) an alien that has been granted asylum under federal law; 17 and 18 (6) was, during the entire period described in (3) of this subsection, 19 present in the state or, if absent, was absent only as allowed in AS 43.23.008. 20 * Sec. 2. AS 43.23 is amended by adding a new section to read: 21 Sec. 43.23.008. ALLOWABLE ABSENCES. An otherwise eligible individual 22 who is absent from the state during the calendar year immediately preceding the 23 current dividend year remains eligible for the dividend if the individual was absent for 24 (1) vocational, professional, or other specific education for which a 25 comparable program was not reasonably available in the state; 26 (2) secondary or postsecondary education; 27 (3) military service; 28 (4) medical treatment; 29 (5) service in Congress; 30 (6) service in the peace corps; 31 (7) other reasons that the commissioner may establish by regulation;
01 or 02 (8) accompanying another eligible resident who is absent for a reason 03 permitted under this section as the spouse, minor dependent, or disabled dependent of 04 the eligible resident. 05 * Sec. 3. AS 43.23.095(8) is amended to read: 06 (8) "state resident" means an individual who is physically present in the 07 state with the intent to remain permanently in the state under the requirements of 08 AS 01.10.055 or, if the individual is not physically present in the state, maintains and 09 demonstrates at all times an intent [INTENDS] to return to the state to [AND] 10 remain permanently in the state under the requirements of AS 01.10.055 [, AND IS 11 ABSENT ONLY FOR ANY OF THE FOLLOWING REASONS: 12 (A) VOCATIONAL, PROFESSIONAL, OR OTHER SPECIFIC 13 EDUCATION FOR WHICH A COMPARABLE PROGRAM WAS NOT 14 REASONABLY AVAILABLE IN THE STATE; 15 (B) SECONDARY OR POSTSECONDARY EDUCATION; 16 (C) MILITARY SERVICE; 17 (D) MEDICAL TREATMENT; 18 (E) SERVICE IN CONGRESS; 19 (F) OTHER REASONS WHICH THE COMMISSIONER MAY 20 ESTABLISH BY REGULATION; OR 21 (G) SERVICE IN THE PEACE CORPS]; 22 * Sec. 4. PERMANENT FUND DIVIDENDS FOR CERTAIN SPOUSES AND 23 DEPENDENTS. Notwithstanding the provision in AS 43.23.015(a) that the residency of an 24 individual's spouse may not be the principal factor relied upon in determining the residency 25 of the individual, an otherwise eligible individual who applied for a 1992, 1993, or 1994 26 permanent fund dividend within the time prescribed by law is eligible for the dividend even 27 if the individual was absent from the state while accompanying, as the spouse, minor 28 dependent, or disabled dependent, another person who was absent for a reason permitted under 29 AS 43.23.095(8) and was eligible for that dividend. 30 * Sec. 5. APPEAL PERIOD. Notwithstanding permanent fund dividend appeal procedures 31 or deadlines established by law or regulation, an individual or the parent, guardian, or
01 authorized representative of a minor who qualified for the 1994 dividend because of 02 AS 43.23.008(8), enacted in sec. 2 of this Act, may appeal a denial of a 1994 dividend by 03 September 1, 1995. The Department of Revenue shall prepare a form for appeal under this 04 section. 05 * Sec. 6. Sections 1 - 3 of this Act are retroactive to January 1, 1995. 06 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).