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CSHB 127(STA): "An Act relating to service in the peace corps as an allowable absence from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and providing for administrative appeal of those orders; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 127(STA)                                                                    
01 "An Act relating to service in the peace corps as an allowable absence from the state for                               
02 purposes of eligibility for permanent fund dividends and to the period for filing an                                    
03 application for a permanent fund dividend; authorizing the Department of Revenue to                                     
04 issue administrative orders imposing sanctions for certain misrepresentations or other                                  
05 actions concerning eligibility for a permanent fund dividend and providing for                                          
06 administrative appeal of those orders; and providing for an effective date."                                            
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1.  AS 43.23.008(a) is amended to read:                                                                  
09            (a)  Subject to (b) and (c) of this section, an otherwise eligible individual who                            
10       is absent from the state during the qualifying year remains eligible for a current year                           
11       permanent fund dividend if the individual was absent                                                              
12                 (1)  receiving secondary or postsecondary education on a full-time                                      
13       basis;                                                                                                            
01                 (2)  receiving vocational, professional, or other specific education on a                               
02       full-time basis for which, as determined by the Alaska Commission on Postsecondary                                
03       Education, a comparable program is not reasonably available in the state;                                         
04                 (3)  serving on active duty as a member of the armed forces of the                                      
05       United States or accompanying, as that individual's spouse, minor dependent, or                                   
06       disabled dependent, an individual who is                                                                          
07                      (A)  serving on active duty as a member of the armed forces of                                     
08            the United States; and                                                                                       
09                      (B)  eligible for a current year dividend;                                                         
10                 (4)  serving under foreign or coastal articles of employment aboard an                                  
11       oceangoing vessel of the United States merchant marine;                                                           
12                 (5)  receiving continuous medical treatment recommended by a                                            
13       licensed physician or convalescing as recommended by the physician that treated the                               
14       illness if the treatment or convalescence is not based on a need for climatic change;                             
15                 (6)  providing care for a parent, spouse, sibling, child, or stepchild with                             
16       a critical life-threatening illness whose treatment plan, as recommended by the                                   
17       attending physician, requires travel outside the state for treatment at a medical                                 
18       specialty complex;                                                                                                
19                 (7)  providing care for the individual's terminally ill family member;                                  
20                 (8)  settling the estate of the individual's deceased parent, spouse,                                   
21       sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days;                           
22                 (9)  serving as a member of the United States Congress;                                                 
23                 (10)  serving on the staff of a member from this state of the United                                    
24       States Congress;                                                                                                  
25                 (11)  serving as an employee of the state in a field office or other                                    
26       location;                                                                                                         
27                 (12)  accompanying a minor who is absent under (5) of this subsection;                                  
28                 (13)  accompanying another eligible resident who is absent for a reason                                 
29       permitted under (1), (2), (5) - (12), [OR] (14), or (15) of this subsection as the spouse,                    
30       minor dependent, or disabled dependent of the eligible resident;                                                  
31                 (14)  serving as a volunteer in the federal peace corps program;                                    
01                 (15)  for any reason consistent with the individual's intent to remain a                            
02       state resident, provided the absence or cumulative absences do not exceed                                         
03                      (A)  180 days in addition to any absence or cumulative absences                                    
04            claimed under (3) of this subsection if the individual is not claiming an absence                            
05            under (1), (2), or (4) - (14) [(4) - (13)] of this subsection;                                           
06                      (B)  120 days in addition to any absence or cumulative absences                                    
07            claimed under (1) - (3) of this subsection if the individual is not claiming an                              
08            absence under (4) - (14) [(4) - (13)] of this subsection but is claiming an                              
09            absence under (1) or (2) of this subsection; or                                                              
10                      (C)  45 days in addition to any absence or cumulative absences                                     
11            claimed under (1) - (14) [(1) - (13)] of this subsection if the individual is                            
12            claiming an absence under (1) - (14) [(4) - (13)] of this subsection.                                    
13    * Sec. 2.  AS 43.23.008(b) is amended to read:                                                                     
14            (b)  An individual may not claim an allowable absence under (a)(1) - (14)                                
15       [(a)(1) - (13)] of this section unless the individual was a resident of the state for at                          
16       least six consecutive months immediately before leaving the state.                                                
17    * Sec. 3.  AS 43.23.011(a) is amended to read:                                                                     
18            (a)  An application for a permanent fund dividend shall be filed during the                                  
19       period that begins January 1 [JANUARY 2] and ends March 31 of that dividend year.                             
20    * Sec. 4.  AS 43.23.035(c) is amended to read:                                                                     
21            (c)  In addition to any criminal penalties imposed by state law, if the                                  
22       department finds that an [AN] individual [WHO], in claiming a permanent fund                                  
23       dividend, or an individual [WHO], in certifying another person's eligibility, wilfully                            
24       misrepresents, exercises gross negligence with respect to, or recklessly disregards a                         
25       material fact pertaining to, eligibility, the department may issue an order against                       
26       the individual for the                                                                                        
27                 (1)  forfeiture of [FORFEITS] the dividend;                                                     
28                 (2)  imposition of [, IS SUBJECT TO] a civil fine of up to $3,000;                              
29       [$5,000,] and                                                                                                     
30                 (3)  loss of [LOSES] eligibility to receive the next five dividends                                 
31       following the forfeited dividend [DIVIDENDS. THE COMMISSIONER MAY                                             
01       COMMENCE PROCEEDINGS IN COURT TO ENFORCE THIS SUBSECTION].                                                        
02    * Sec. 5.  AS 43.23.035 is amended by adding a new subsection to read:                                             
03            (e)  The provisions of AS 43.23.015(g) and (i) apply to a request for review of,                             
04       and to appeal of, a decision under (c) of this section by an individual aggrieved by the                          
05       decision.  When all appeals have been exhausted under this chapter or the time when                               
06       all of the appeals that could have been taken has expired, the order issued imposing a                            
07       civil fine, forfeiture, or loss of eligibility becomes final and enforceable in the same                          
08       manner as a judgment of the court.                                                                                
09    * Sec. 6.  The uncodified law of the State of Alaska is amended by adding a new section to                         
10 read:                                                                                                                   
11       REGULATIONS AND APPLICATION.  (a)  The Department of Revenue may                                                  
12 immediately adopt regulations necessary to implement the changes made by secs. 3 - 5 of this                            
13 Act.  The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                                
14 before July 1, 2005.                                                                                                    
15       (b)  AS 43.23.035(c), as amended in sec. 4 of this Act, and AS 43.23.035(e), as added                             
16 in sec. 5 of this Act, apply only with respect to applications filed on or after July 1, 2005.                          
17 AS 43.23.035(c) as it read immediately before July 1, 2005, applies with respect to                                     
18 applications filed before July 1, 2005.                                                                                 
19    * Sec. 7.  Section 6 of this Act takes effect immediately under AS 01.10.070(c).                                   
20    * Sec. 8.  Sections 3 - 5 of this Act take effect July 1, 2005.                                                    
21    * Sec. 9.  Sections 1 and 2 of this Act take effect January 1, 2006.