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HB 53: "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date."

00HOUSE BILL NO. 53 01 "An Act relating to allowable absences from the state for purposes of eligibility 02 for permanent fund dividends; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43.23.008 is amended to read: 05  Sec. 43.23.008. Allowable absences. (a) Subject to (b) and (c) of this 06 section, an otherwise eligible individual who is absent from the state during the 07 qualifying year remains eligible for a current year permanent fund dividend if the 08 individual was absent 09  (1) receiving secondary or postsecondary education on a full-time basis; 10  (2) receiving vocational, professional, or other specific education on a 11 full-time basis for which, as determined by the Alaska Commission on Postsecondary 12 Education, a comparable program is not reasonably available in the state; 13  (3) serving on active duty as a member of the armed forces of the 14 United States;

01  (4) receiving continuous medical treatment recommended by a licensed 02 physician or convalescing as recommended by the physician that treated the illness if 03 the treatment or convalescence is not based on a need for climatic change; 04  (5) providing care for a parent, spouse, sibling, child, or stepchild with 05 a critical life-threatening illness whose treatment plan, as recommended by the 06 attending physician, requires travel outside the state for treatment at a medical 07 specialty complex; 08  (6) providing care for the individual's terminally ill parent, spouse, 09 sibling, child, or stepchild; 10  (7) settling the estate of the individual's deceased parent, spouse, 11 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 12  (8) serving as a member of the United States Congress; 13  (9) serving on the staff of a member from this state of the United States 14 Congress; 15  (10) serving as an employee of the state in a field office or other 16 location; 17  (11) accompanying a minor who is absent under (4) of this subsection; 18  (12) serving as a volunteer in the federal Peace Corps program or 19 Volunteers in Service to America (VISTA) program; 20  (13) accompanying another eligible resident who is absent for a reason 21 permitted under this subsection as the spouse, minor dependent, or disabled dependent 22 of the eligible resident; 23  (14) [(13)] for any reason consistent with the individual's intent to 24 remain a state resident, provided the absence or cumulative absences do not exceed 25  (A) 180 days if the individual is not claiming an absence under 26 (1) - (13) [(1) - (12)] of this subsection; 27  (B) 120 days in addition to any absence or cumulative absences 28 claimed under (1) or (2) of this subsection if the individual is not claiming an 29 absence under (3) - (13) [(3) - (12)] of this subsection; or 30  (C) 45 days in addition to any absence or cumulative absences 31 claimed under (1) - (13) [(1) - (12)] of this subsection.

01  (b) An individual may not claim an allowable absence under (a)(1) - (13) 02 [(a)(1) - (12)] of this section unless the individual was a resident of the state for at 03 least six consecutive months immediately before leaving the state. 04  (c) An otherwise eligible individual who has been eligible for the immediately 05 preceding 10 dividends despite being absent from the state for more than 180 days in 06 each of the related 10 qualifying years is only eligible for the current year dividend 07 if the individual was absent 180 days or less during the qualifying year. This 08 subsection does not apply to an absence under (a)(8) or (9) of this section or to an 09 absence under (a)(13) [(a)(12)] of this section if the absence is to accompany an 10 individual who is absent under (a)(8) or (9) of this section. 11 * Sec. 2. This Act takes effect January 1, 2000.