txt

Enrolled HB 284: Relating to participation in certain student fellowships as an allowable absence from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date.

00Enrolled HB 284 01 Relating to participation in certain student fellowships as an allowable absence from the state 02 for purposes of eligibility for permanent fund dividends; and providing for an effective date. 03 _______________ 04 * Section 1. AS 43.23.008(a) is amended to read: 05 (a) Subject to (b) and (c) of this section, an otherwise eligible individual who 06 is absent from the state during the qualifying year remains eligible for a current year 07 permanent fund dividend if the individual was absent 08 (1) receiving secondary or postsecondary education on a full-time 09 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

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 of 04 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 who 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 family member; 16 (8) settling the estate of the individual's deceased parent, spouse, 17 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 18 (9) serving as a member of the United States Congress; 19 (10) serving on the staff of a member from this state of the United 20 States Congress; 21 (11) serving as an employee of the state in a field office or other 22 location; 23 (12) accompanying a minor who is absent under (5) of this subsection; 24 (13) accompanying another eligible resident who is absent for a reason 25 permitted under (1), (2), (5) - (12), [OR] (16), or (17) of this subsection as the spouse, 26 minor dependent, or disabled dependent of the eligible resident; 27 (14) serving as a volunteer in the federal peace corps program; 28 (15) because of training or competing as a member of the United States 29 Olympic Team; 30 (16) participating for educational purposes in a student fellowship 31 sponsored by the United States Department of Education or by the United States

01 Department of State; 02 (17) for any reason consistent with the individual's intent to remain a 03 state resident, provided the absence or cumulative absences do not exceed 04 (A) 180 days in addition to any absence or cumulative absences 05 claimed under (3) of this subsection if the individual is not claiming an absence 06 under (1), (2), or (4) - (16) [(4) - (15)] of this subsection; 07 (B) 120 days in addition to any absence or cumulative absences 08 claimed under (1) - (3) of this subsection if the individual is not claiming an 09 absence under (4) - (16) [(4) - (15)] of this subsection but is claiming an 10 absence under (1) or (2) of this subsection; or 11 (C) 45 days in addition to any absence or cumulative absences 12 claimed under (1) - (16) [(1) - (15)] of this subsection if the individual is 13 claiming an absence under (4) - (16) [(4) - (15)] of this subsection. 14 * Sec. 2. AS 43.23.008(b) is amended to read: 15 (b) An individual may not claim an allowable absence under (a)(1) - (16) 16 [(a)(1) - (15)] of this section unless the individual was a resident of the state for at 17 least six consecutive months immediately before leaving the state. 18 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 PERMANENT FUND DIVIDEND APPLICATIONS. Notwithstanding permanent 21 fund dividend application procedures or deadlines, an individual who qualifies for a dividend 22 for 2006, 2007, or 2008 because of the amendment to AS 43.23.008(a) made in sec. 1 of this 23 Act may apply for the dividend by September 15, 2008. The Department of Revenue shall 24 prepare a form for applications under this section. 25 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 RETROACTIVITY. The amendments to AS 43.23.008(a) and (b) made in secs. 1 and 28 2 of this Act are retroactive to January 1, 2005. 29 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).