00                            SENATE BILL NO. 148                                                                         
01 "An Act relating to allowable absences for certain members of the armed forces and                                      
02 their spouses and dependents for purposes of eligibility for permanent fund dividends;                                  
03 and providing for an effective date."                                                                                   
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 43.23.008(a) is amended to read:                                                                  
06            (a)  Subject to (b) and (c) of this section, an otherwise eligible individual who                            
07       is absent from the state during the qualifying year remains eligible for a current year                           
08       permanent fund dividend if the individual was absent                                                              
09                 (1)  receiving secondary or postsecondary education on a full-time                                      
10       basis;                                                                                                            
11                 (2)  receiving vocational, professional, or other specific education on a                               
12       full-time basis for which, as determined by the Alaska Commission on Postsecondary                                
13       Education, a comparable program is not reasonably available in the state;                                         
14                 (3)  serving on active duty as a member of the armed forces of the                                      

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

01            claiming an absence under (1), (2), or (4) - (13) [(1) - (13)] of this subsection;                       
02                      (B)  120 days in addition to any absence or cumulative absences                                    
03            claimed under (1) - (3) [(1) OR (2)] of this subsection if the individual is not                         
04            claiming an absence under (4) - (13) [(3) - (13)] of this subsection but is                          
05            claiming an absence under (1) or (2) of this subsection; or                                              
06                      (C)  45 days in addition to any absence or cumulative absences                                     
07            claimed under (1) - (13) of this subsection if the individual is claiming an                             
08            absence under (4) - (13) of this subsection.                                                             
09    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
10 read:                                                                                                                   
11       APPLICATIONS.  Notwithstanding permanent fund dividend application procedures                                     
12 or deadlines, an individual who qualifies for a dividend for 2003 because of the amendment to                           
13 AS 43.23.008(a) made in sec. 1 of this Act, or who may apply on behalf of another who                                   
14 qualifies because of the amendment, may apply for the dividend by September 15, 2003.  The                              
15 Department of Revenue shall prepare a form for applications under this section.                                         
16    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
17 read:                                                                                                                   
18       RETROACTIVITY.  Section 1 of this Act is retroactive to January 1, 2002.                                          
19    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).