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HB 10: "An Act relating to allowable absences from the state for medical emergencies for purposes of eligibility for permanent fund dividends; and providing for an effective date."

00                              HOUSE BILL NO. 10                                                                          
01 "An Act relating to allowable absences from the state for medical emergencies for                                       
02 purposes of eligibility for permanent fund dividends; and providing for an effective                                    
03 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 (d) 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 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), (16), or (17) of this subsection as the spouse, minor                       
26       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 or a United States national team for an Olympic sport;                                               
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) of this subsection;                                                            
07                      (B)  120 days in addition to any absence or cumulative absences                                    
08            claimed                                                                                                      
09                           (i)  under (1) - (3) of this subsection if the individual is                              
10                 not claiming an absence under (4) - (16) of this subsection but is                                    
11                 claiming an absence under (1) or (2) of this subsection; or                                             
12                           (ii)  under (1) - (16) of this subsection if the                                          
13                 individual is claiming an absence under (5) or (12) of this                                         
14                 subsection for an unplanned medical emergency, the individual                                       
15                 returns to the state immediately following the treatment for the                                    
16                 unplanned medical emergency, and the 120 days of absence or                                         
17                 cumulative absences occur before the absence claimed under (5) or                                   
18                 (12) of this subsection for the unplanned medical emergency; in                                     
19                 this sub-subparagraph, "unplanned medical emergency" means an                                       
20                 unanticipated illness or injury that requires immediate care out of                                 
21                 the state to relieve the acute illness or injury; or                                                
22                      (C)  45 days in addition to any absence or cumulative absences                                     
23            claimed under (1) - (16) of this subsection if the individual is claiming an                                 
24            absence under (4) - (16) of this subsection.                                                                 
25    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
26 read:                                                                                                                   
27       APPLICABILITY. Notwithstanding permanent fund dividend application procedures                                     
28 or deadlines, an individual who qualifies for a 2015 or 2016 permanent fund dividend under                              
29 AS 43.23.008(a)(17)(B)(ii), enacted by sec. 1 of this Act, may apply for the dividend or for an                         
30 eligible minor's dividend by December 31, 2015. The Department of Revenue shall prepare a                               
31 form for application under this section.                                                                                
01    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
02 read:                                                                                                                   
03       RETROACTIVITY. Sections 1 and 2 of this Act are retroactive to January 1, 2015.                                   
04    * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).