HB 132: "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. 132 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) for employment, if the employer certifies in writing that the 19 absence was a condition of the employment and that the individual was required 20 to work in the state for part of the qualifying year; 21 (13) accompanying another eligible resident who is absent for a reason 22 permitted under this subsection as the spouse, minor dependent, or disabled dependent 23 of the eligible resident; 24 (14) [(13)] for any reason consistent with the individual's intent to 25 remain a state resident, provided the absence or cumulative absences do not exceed 26 (A) 180 days if the individual is not claiming an absence under 27 (1) - (13) [(1) - (12)] of this subsection; 28 (B) 120 days in addition to any absence or cumulative absences 29 claimed under (1) or (2) of this subsection if the individual is not claiming an 30 absence under (3) - (13) [(3) - (12)] of this subsection; or 31 (C) 45 days in addition to any absence or cumulative absences
01 claimed under (1) - (13) [(1) - (12)] of this subsection. 02 (b) An individual may not claim an allowable absence under (a)(1) - (13) 03 [(a)(1) - (12)] of this section unless the individual was a resident of the state for at 04 least six consecutive months immediately before leaving the state. 05 (c) An otherwise eligible individual who has been eligible for the immediately 06 preceding 10 dividends despite being absent from the state for more than 180 days in 07 each of the related 10 qualifying years is only eligible for the current year dividend 08 if the individual was absent 180 days or less during the qualifying year. This 09 subsection does not apply to an absence under (a)(8) or (9) of this section or to an 10 absence under (a)(13) [(a)(12)] of this section if the absence is to accompany an 11 individual who is absent under (a)(8) or (9) of this section. 12 * Sec. 2. PERMANENT FUND DIVIDENDS FOR CERTAIN INDIVIDUALS. (a) 13 Notwithstanding other provisions of law, an individual is eligible for the 1997, 1998, or 1999 14 dividend if the individual did not receive the dividend because of absence from the state 15 (1) for employment and the employer certifies in writing that the absence was 16 a condition of the employment and that the individual was required to work in the state for 17 part of the qualifying year; or 18 (2) while accompanying, as the spouse, minor dependent, or disabled 19 dependent, another person who is eligible for that dividend under this section. 20 (b) An individual is eligible for a 1997, 1998, or 1999 dividend under this section 21 only if the individual would have been otherwise eligible for that dividend and applies for that 22 dividend before the end of the 2000 application period on the form prescribed by the 23 Department of Revenue for claiming the dividend under this section. 24 * Sec. 3. Section 1 of this Act takes effect January 1, 2000. 25 * Sec. 4. Section 2 of this Act takes effect immediately under AS 01.10.070(c).