SCS CSHB 2(FIN) AM S: "An Act requiring, for purposes of permanent fund dividend eligibility, an individual to have been physically present in the state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full-time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a need for climatic change, providing care for certain relatives with critical life-threatening illnesses, providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the United States Congress, serving as an employee of the state, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent with an individual's intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state 'resident' for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) am S 01 "An Act requiring, for purposes of permanent fund dividend eligibility, an 02 individual to have been physically present in the state for at least 72 consecutive 03 hours during the prior two years before the current dividend year; relating, for 04 purposes of permanent fund dividend eligibility, to allowable absences for 05 secondary and postsecondary education on a full-time basis, vocational, professional, 06 or other education on a full-time basis when a comparable program is not 07 reasonably available in the state, serving on active duty as a member of the 08 armed forces of the United States, receiving continuous medical treatment or 09 convalescing if the treatment or convalescence is not based on a need for climatic 10 change, providing care for certain relatives with critical life-threatening illnesses, 11 providing care for certain terminally ill relatives, settling the estates of certain 12 relatives, serving as a member of the United States Congress, serving on the staff 13 of a member from this state of the United States Congress, serving as an 14 employee of the state, accompanying certain ill minors, accompanying another
01 eligible resident who is absent for an allowable reason as the spouse, minor 02 dependent, or disabled dependent of the eligible resident, or for any reason 03 consistent with an individual's intent to remain a state resident; prohibiting, for 04 purposes of permanent fund dividend eligibility, an individual from claiming an 05 allowable absence unless the individual was a resident for at least six consecutive 06 months immediately before leaving the state; making ineligible, for purposes of 07 permanent fund dividend eligibility, certain individuals who are absent for more 08 than 180 days during each of 10 qualifying years; relating to the definition of 09 state 'resident' for purposes of permanent fund dividend eligibility and requiring 10 a state resident to have the intent to remain indefinitely; relating to the qualifying 11 year and defining that term for purposes of the permanent fund dividend 12 program; relating to the eligibility for 1998 permanent fund dividends of certain 13 spouses and dependents of eligible individuals; and providing for an effective 14 date." 15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 16 * Section 1. AS 23.40.210(e) is amended to read: 17 (e) In this section, "state resident" means an individual who is physically 18 present in the state with the intent to remain permanently in the state under the 19 requirements of AS 01.10.055 or, if the individual is not physically present in the state, 20 intends to return to the state and remain permanently in the state under the 21 requirements of AS 01.10.055 [,] and is absent only temporarily for reasons allowed 22 under AS 43.23.008 [AS 43.23.095(8)] or a successor statute. 23 * Sec. 2. AS 43.23.005(a) is amended to read: 24 (a) An individual is eligible to receive one permanent fund dividend each year 25 in an amount to be determined under AS 43.23.025 if the individual 26 (1) [THE INDIVIDUAL] applies to the department; 27 (2) [ON THE DATE OF APPLICATION THE INDIVIDUAL] is a 28 state resident on the date of application ; 29 (3) [THE INDIVIDUAL] was a state resident during [FOR AT 30 LEAST] the entire qualifying [CALENDAR YEAR IMMEDIATELY PRECEDING 31 JANUARY 1 OF THE CURRENT DIVIDEND] year;
01 (4) [THE INDIVIDUAL] has been physically present in the state at 02 some time during the prior two [CALENDAR] years before the current dividend year; 03 [AND] 04 (5) [THE INDIVIDUAL] is 05 (A) a citizen of the United States; 06 (B) an alien lawfully admitted for permanent residence in the 07 United States; 08 (C) an alien with refugee status under federal law; or 09 (D) an alien that has been granted asylum under federal law ; 10 and 11 (6) was, at all times during the qualifying year, physically present 12 in the state or, if absent, was absent only as allowed in AS 43.23.008 . 13 * Sec. 3. AS 43.23.005(a) is amended to read: 14 (a) An individual is eligible to receive one permanent fund dividend each year 15 in an amount to be determined under AS 43.23.025 if the individual 16 (1) applies to the department; 17 (2) is a state resident on the date of application; 18 (3) was a state resident during the entire qualifying year; 19 (4) has been physically present in the state for at least 72 consecutive 20 hours at some time during the prior two years before the current dividend year; 21 (5) is 22 (A) a citizen of the United States; 23 (B) an alien lawfully admitted for permanent residence in the 24 United States; 25 (C) an alien with refugee status under federal law; or 26 (D) an alien that has been granted asylum under federal law; 27 and 28 (6) was, at all times during the qualifying year, physically present in 29 the state or, if absent, was absent only as allowed in AS 43.23.008. 30 * Sec. 4. AS 43.23.005(d) is amended to read: 31 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is
01 not eligible for a permanent fund dividend for a dividend year when 02 (1) during the qualifying [CALENDAR YEAR IMMEDIATELY 03 PRECEDING THAT DIVIDEND] year the individual was sentenced as a result of 04 conviction in this state of a felony; 05 (2) during all or part of the qualifying [CALENDAR YEAR 06 IMMEDIATELY PRECEDING THAT DIVIDEND] year, the individual was 07 incarcerated as a result of the conviction in this state of a 08 (A) felony; or 09 (B) misdemeanor if the individual has been convicted of two or 10 more prior crimes as defined in AS 11.81.900. 11 * Sec. 5. AS 43.23 is amended by adding a new section to read: 12 Sec. 43.23.008. Allowable absences during the years of 1998, 1999, and 13 2000. (a) Subject to (b) and (c) of this section, an otherwise eligible individual who 14 is absent from the state during the qualifying year remains eligible for a 1999, 2000, 15 or 2001 permanent fund dividend if the individual was absent 16 (1) receiving secondary or postsecondary education on a foull-time 17 basis; 18 (2) receiving vocational, professional, or other specific education on a 19 full-time basis for which, as determined by the Alaska Commission on Postsecondary 20 Education, a comparable program is not reasonably available in the state; 21 (3) serving on active duty as a member of the armed forces of the 22 United States; 23 (4) receiving continuous medical treatment recommended by a licensed 24 physician or convalescing as recommended by the physician that treated the illness if 25 the treatment or convalescence is not based on a need for climatic change; 26 (5) providing care for a parent, spouse, sibling, child, or stepchild with 27 a critical life-threatening illness whose treatment plan, as recommended by the 28 attending physician, requires travel outside the state for treatment at a medical 29 specialty complex; 30 (6) providing care for the individual's terminally ill parent, spouse, 31 sibling, child, or stepchild;
01 (7) settling the estate of the individual's deceased parent, spouse, 02 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 03 (8) serving as a member of the United States Congress; 04 (9) serving on the staff of a member from this state of the United States 05 Congress; 06 (10) serving as an employee of the state in a field office or other 07 location; 08 (11) accompanying a minor who is absent under (4) of this subsection; 09 (12) accompanying another eligible resident who is absent for a reason 10 permitted under this subsection as the spouse, minor dependent, or disabled dependent 11 of the eligible resident; 12 (13) for any reason consistent with the individual's intent to remain a 13 state resident, provided the absence or cumulative absences do not exceed 14 (A) 180 days if the individual is not claiming an absence under 15 (1) - (12) of this subsection; 16 (B) 120 days in addition to any absence or cumulative absences 17 claimed under (1) or (2) of this subsection if the individual is not claiming an 18 absence under (3) - (12) of this subsection; or 19 (C) 45 days in addition to any absence or cumulative absences 20 claimed under (1) - (12) of this subsection. 21 (b) An individual may not claim an allowable absence under (a)(1) - (12) of 22 this section unless the individual was a resident of the state for at least six consecutive 23 months immediately before leaving the state. 24 (c) An otherwise eligible individual who has been eligible for the immediately 25 preceding 10 dividends despite being absent from the state for more than 180 days in 26 each of the related 10 qualifying years is only eligible for the current year dividend 27 if the individual was absent 180 days or less during the qualifying year. This 28 subsection does not apply to an absence under (a)(8) or (9) of this section or to an 29 absence under (a)(12) of this section if the absence is to accompany an individual who 30 is absent under (a)(8) or (9) of this section. 31 * Sec. 6. AS 43.23.028(a) is amended to read:
01 (a) By October 1 of each year, the commissioner shall give public notice of 02 the value of each permanent fund dividend for that year and notice of the information 03 required to be disclosed under (3) of this subsection. In addition, the stub attached to 04 each individual dividend check and direct deposit advice must 05 (1) disclose the amount of each dividend attributable to income earned 06 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 07 Constitution of the State of Alaska; 08 (2) disclose the amount of each dividend attributable to income earned 09 by the permanent fund from appropriations to that fund and from amounts added to 10 that fund to offset the effects of inflation; 11 (3) disclose the amount by which each dividend has been reduced due 12 to each appropriation from the dividend fund, including amounts to pay the costs of 13 administering the dividend program and the hold harmless provisions of AS 43.23.075; 14 (4) include a statement that an individual is not eligible for a dividend 15 when 16 (A) during the qualifying [CALENDAR YEAR 17 IMMEDIATELY PRECEDING THAT DIVIDEND] year the individual was 18 convicted of a felony; 19 (B) during all or part of the qualifying [CALENDAR YEAR 20 IMMEDIATELY PRECEDING THAT DIVIDEND] year, the individual was 21 incarcerated as a result of the conviction of a 22 (i) felony; or 23 (ii) misdemeanor if the individual has been convicted of 24 two or more prior crimes; 25 (5) include a statement that the legislative purpose for making 26 individuals listed under (4) of this subsection ineligible is to 27 (A) obtain reimbursement for some of the costs imposed on the 28 state criminal justice system related to incarceration or probation of those 29 individuals; 30 (B) provide funds for payments to crime victims and for grants 31 for the operation of domestic violence and sexual assault programs;
01 (6) disclose the total amount that would have been paid during the 02 previous fiscal year to individuals who were ineligible to receive dividends under 03 AS 43.23.005(d) if they had been eligible; 04 (7) disclose the total amount appropriated for the current fiscal year 05 under (b) of this section for each of the funds and agencies listed in (b) of this section. 06 * Sec. 7. AS 43.23.095(8) is amended to read: 07 (8) "state resident" means an individual who is physically present in the 08 state with the intent to remain indefinitely [PERMANENTLY] in the state under the 09 requirements of AS 01.10.055 or, if the individual is not physically present in the state, 10 intends to return to the state and remain indefinitely [PERMANENTLY] in the state 11 under the requirements of AS 01.10.055 [, AND IS ABSENT ONLY FOR ANY OF 12 THE FOLLOWING REASONS: 13 (A) VOCATIONAL, PROFESSIONAL, OR OTHER SPECIFIC 14 EDUCATION FOR WHICH A COMPARABLE PROGRAM WAS NOT 15 REASONABLY AVAILABLE IN THE STATE; 16 (B) SECONDARY OR POSTSECONDARY EDUCATION; 17 (C) MILITARY SERVICE; 18 (D) MEDICAL TREATMENT; 19 (E) SERVICE IN CONGRESS; 20 (F) OTHER REASONS WHICH THE COMMISSIONER MAY 21 ESTABLISH BY REGULATION; 22 (G) SERVICE IN THE PEACE CORPS; 23 (H) TO CARE FOR THE INDIVIDUAL'S TERMINALLY ILL 24 PARENT, SPOUSE, SIBLING, CHILD, OR STEPCHILD; 25 (I) FOR UP TO 220 DAYS TO SETTLE THE ESTATE OF 26 THE INDIVIDUAL'S DECEASED PARENT, SPOUSE, SIBLING, CHILD, 27 OR STEPCHILD; OR 28 (J) TO CARE FOR A PARENT, SPOUSE, SIBLING, CHILD, 29 OR STEPCHILD WITH A CRITICAL LIFE-THREATENING ILLNESS 30 WHOSE TREATMENT PLAN, AS RECOMMENDED BY THE ATTENDING 31 PHYSICIAN, REQUIRES TRAVEL OUTSIDE THE STATE FOR
01 TREATMENT AT A MEDICAL SPECIALTY COMPLEX]; 02 * Sec. 8. AS 43.23.095 is amended by adding a new paragraph to read: 03 (10) "qualifying year" means the year immediately preceding January 1 04 of the current dividend year. 05 * Sec. 9. APPLICATION. AS 43.23.008(c), enacted by sec. 5 of this Act, applies only to 06 periods of absence during January 1, 1998, and thereafter. 07 * Sec. 10. PERMANENT FUND DIVIDENDS FOR CERTAIN SPOUSES AND 08 DEPENDENTS. (a) Notwithstanding the provision in AS 43.23.015(a) that the residency of 09 an individual's spouse may not be the principal factor relied upon in determining the residency 10 of the individual, an individual is eligible for a 1998 dividend if the individual was absent 11 from the state while accompanying, as the spouse, minor dependent, or disabled dependent, 12 another person who was eligible for that dividend and was absent for a reason permitted 13 under AS 43.23.095(8), as that statute read at the time of the absence. An individual is 14 eligible for a 1998 dividend under this subsection only if the individual would have been 15 otherwise eligible for the 1998 dividend and 16 (1) applied for the 1998 dividend during the 1998 application period; or 17 (2) if the individual did not apply during the 1998 application period, applies 18 for the 1998 dividend before the end of the 1999 application period. 19 (b) The Department of Revenue shall prescribe and furnish an application form for 20 claiming a 1998 dividend under (a)(2) of this section. 21 * Sec. 11. Section 10 of this Act is retroactive to January 1, 1998. 22 * Sec. 12. Sections 10 and 11 of this Act take effect immediately under AS 01.10.070(c). 23 * Sec. 13. Sections 1, 2, and 4 - 9 of this Act take effect January 1, 1999. 24 * Sec. 14. Section 3 of this Act takes effect January 1, 2000.