00 SENATE CS FOR CS FOR HOUSE BILL NO. 4(FIN) 01 "An Act relating to absences from the state for the purposes of permanent 02 fund dividend eligibility; relating to the following allowable absences: receiving 03 secondary or postsecondary education on a full-time basis, receiving vocational, 04 professional, or other specific education on a full-time basis for which a 05 comparable program is not reasonably available in the state, serving on active 06 duty as a member of the military of the United States, receiving certain 07 medical treatment, accompanying a minor who is receiving certain medical 08 treatment, providing care for a parent, spouse, sibling, child, or stepchild with 09 a life-threatening illness who is being treated at a medical specialty complex 10 outside the state, providing care for a terminally ill parent, spouse, sibling, 11 child, or stepchild, settling the estate of a deceased parent, spouse, sibling, child, 12 or stepchild, serving as a member of the Congress, serving on the staff of a 13 member of the Congress from this state, serving in the Peace Corps, serving 14 as an employee of the state, actively participating on a United States national 01 athletic team, accompanying another eligible resident as the spouse, minor 02 dependent, or disabled dependent of the eligible resident, and for any reason 03 consistent with the individual's intent to remain a resident; requiring, for the 04 purposes of permanent fund dividend eligibility, an individual who is not 05 physically present in the state to maintain and demonstrate at all times an 06 intent to return to the state to remain permanently; relating to the eligibility 07 for 1992, 1993, 1994, 1995, and 1996 permanent fund dividends of certain 08 spouses and dependents of eligible applicants; and providing for an effective 09 date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 43.23.005(a) is amended to read: 12  (a) An individual is eligible to receive one permanent fund dividend each year 13 in an amount to be determined under AS 43.23.025 if the individual 14  (1) [THE INDIVIDUAL] applies to the department; 15  (2) [ON THE DATE OF APPLICATION THE INDIVIDUAL] is a 16 state resident on the date of application; 17  (3) [THE INDIVIDUAL] was a state resident for at least the calendar 18 year immediately preceding January 1 of the current dividend year; 19  (4) [THE INDIVIDUAL] has been physically present in the state at 20 some time during the prior two calendar years before the current dividend year; [AND] 21  (5) [THE INDIVIDUAL] is 22  (A) a citizen of the United States; 23  (B) an alien lawfully admitted for permanent residence in the 24 United States; 25  (C) an alien with refugee status under federal law; or 26  (D) an alien that has been granted asylum under federal law; 27 and 28  (6) was, during the entire period described in (3) of this subsection, 29 present in the state or, if absent, was absent only as allowed in AS 43.23.008. 30 * Sec. 2. AS 43.23 is amended by adding a new section to read: 31  Sec. 43.23.008. ALLOWABLE ABSENCES. (a) Subject to (b) of this 01 section, an otherwise eligible individual who is absent from the state during the 02 calendar year immediately preceding the current dividend year remains eligible for the 03 dividend if the individual was absent 04  (1) receiving secondary or postsecondary education on a full-time basis; 05  (2) receiving vocational, professional, or other specific education on a 06 full-time basis for which, as determined by the Alaska Commission on Postsecondary 07 Education, a comparable program was not reasonably available in the state; 08  (3) serving on active duty as a member of the military of the United 09 States; 10  (4) receiving continuous medical treatment recommended by a licensed 11 physician or convalescing as recommended by the physician that treated the illness if 12 the treatment or convalescence is not based on a need for climatic change; 13  (5) accompanying a minor who is absent under (4) of this subsection; 14  (6) serving as a member of the United States Congress; 15  (7) serving on the staff of a member of the United States Congress 16 from this state; 17  (8) serving as a full-time volunteer in the Peace Corps; 18  (9) serving as an employee of the state in a field office or otherwise; 19  (10) actively participating on a United States national athletic team as 20 an eligible athlete as evidenced by a document provided by the international federation 21 or national governing body for that nonprofessional sport; 22  (11) accompanying another eligible resident who is absent for a reason 23 permitted under this subsection as the spouse, minor dependent, or disabled dependent 24 of the eligible resident; 25  (12) for any reason consistent with the individual's intent to remain a 26 state resident, provided the absence or cumulative absences do not exceed 27  (A) 180 days if the individual is not claiming an absence under 28 (1) - (11) of this subsection; 29  (B) 120 days in addition to any absence or cumulative absences 30 claimed under (1) or (2) of this subsection if the individual is not claiming any 31 absence under (3) - (11) of this subsection; or 01  (C) 45 days in addition to any absence or cumulative absences 02 claimed under (1) - (11) of this subsection. 03  (b) An individual who is otherwise eligible, and who is absent for more than 04 180 days during the calendar year immediately preceding January 1 of the current 05 dividend year, remains eligible for the dividend only if the individual was a resident 06 of the state for at least six consecutive months immediately before leaving the state. 07 * Sec. 3. AS 43.23 is amended by adding a new section to read: 08  Sec. 43.23.008. ALLOWABLE ABSENCES. (a) Subject to (b) of this 09 section, an otherwise eligible individual who is absent from the state during the 10 calendar year immediately preceding the current dividend year remains eligible for the 11 dividend if the individual was absent 12  (1) receiving secondary or postsecondary education on a full-time basis; 13  (2) receiving vocational, professional, or other specific education on a 14 full-time basis for which, as determined by the Alaska Commission on Postsecondary 15 Education, a comparable program was not reasonably available in the state; 16  (3) serving on active duty as a member of the military of the United 17 States; 18  (4) receiving continuous medical treatment recommended by a licensed 19 physician or convalescing as recommended by the physician that treated the illness if 20 the treatment or convalescence is not based on a need for climatic change; 21  (5) accompanying a minor who is absent under (4) of this subsection; 22  (6) providing continuous care, for a period not to exceed 24 consecutive 23 months, for a parent, spouse, sibling, child, or stepchild with a critical life-threatening 24 illness whose treatment plan, as recommended by the attending physician, requires the 25 person needing treatment to travel outside the state for treatment at a medical specialty 26 complex; 27  (7) providing continuous care, for a period not to exceed 24 consecutive 28 months, for the individual's terminally ill parent, spouse, sibling, child, or stepchild; 29  (8) settling the estate of the individual's deceased parent, spouse, 30 sibling, child, or stepchild for a period not to exceed 18 consecutive months; 31  (9) serving as a member of the United States Congress; 01  (10) serving on the staff of a member of the United States Congress 02 from this state; 03  (11) serving as a full-time volunteer in the Peace Corps; 04  (12) serving as an employee of the state in a field office or otherwise; 05  (13) actively participating on a United States national athletic team as 06 an eligible athlete as evidenced by a document provided by the international federation 07 or national governing body for that nonprofessional sport; 08  (14) accompanying another eligible resident who is absent for a reason 09 permitted under this subsection as the spouse, minor dependent, or disabled dependent 10 of the eligible resident; 11  (15) for any reason consistent with the individual's intent to remain a 12 state resident, provided the absence or cumulative absences do not exceed 13  (A) 180 days if the individual is not claiming an absence under 14 (1) - (14) of this subsection; 15  (B) 120 days in addition to any absence or cumulative absences 16 claimed under (1) or (2) of this subsection if the individual is not claiming any 17 absence under (3) - (14) of this subsection; or 18  (C) 45 days in addition to any absence or cumulative absences 19 claimed under (1) - (14) of this subsection. 20  (b) An individual who is otherwise eligible, and who is absent for more than 21 180 days during the calendar year immediately preceding January 1 of the current 22 dividend year, remains eligible for the dividend only if the individual was a resident 23 of the state for at least six consecutive months immediately before leaving the state. 24 * Sec. 4. AS 43.23.008 is repealed and reenacted to read: 25  Sec. 43.23.008. ALLOWABLE ABSENCES. An otherwise eligible individual 26 who is absent from the state during the calendar year immediately preceding the 27 current dividend year remains eligible for the dividend if the individual was absent for 28 any reason consistent with the individual's intent to remain a state resident, provided 29 the absence or cumulative absences do not exceed 180 days. 30 * Sec. 5. AS 43.23.095(8) is amended to read: 31  (8) "state resident" means an individual who is physically present in the 01 state with the intent to remain permanently in the state under the requirements of 02 AS 01.10.055 or, if the individual is not physically present in the state, maintains and 03 demonstrates at all times an intent [INTENDS] to return to the state to [AND] 04 remain permanently in the state under the requirements of AS 01.10.055 [, AND IS 05 ABSENT ONLY FOR ANY OF THE FOLLOWING REASONS: 06  (A) VOCATIONAL, PROFESSIONAL, OR OTHER SPECIFIC 07 EDUCATION FOR WHICH A COMPARABLE PROGRAM WAS NOT 08 REASONABLY AVAILABLE IN THE STATE; 09  (B) SECONDARY OR POSTSECONDARY EDUCATION; 10  (C) MILITARY SERVICE; 11  (D) MEDICAL TREATMENT; 12  (E) SERVICE IN CONGRESS; 13  (F) OTHER REASONS WHICH THE COMMISSIONER MAY 14 ESTABLISH BY REGULATION; OR 15  (G) SERVICE IN THE PEACE CORPS]; 16 * Sec. 6. PERMANENT FUND DIVIDENDS FOR CERTAIN SPOUSES AND 17 DEPENDENTS. Notwithstanding the provision in AS 43.23.015(a) that the residency of an 18 individual's spouse may not be the principal factor relied upon in determining the residency 19 of the individual, regardless of appeal status, an otherwise eligible individual who applied for 20 a 1992, 1993, 1994, 1995, or 1996 permanent fund dividend within the time prescribed by law 21 is eligible for the dividend even if the individual was absent from the state while 22 accompanying, as the spouse, minor dependent, or disabled dependent, another person who 23 was absent for a reason permitted under AS 43.23.095(8) and was eligible for that dividend. 24 * Sec. 7. CONFORMING ACTS. If a version of House Bill 198 is adopted during the 25 Second Regular Session of the Nineteenth Alaska State Legislature and enacted into law, secs. 26 3 and 5 of this Act replace the amendment made to AS 43.23.095(8) in the enacted version 27 of House Bill 198. 28 * Sec. 8. Section 3 of this Act takes effect only if a version of House Bill 198 is adopted 29 during the Second Regular Session of the Nineteenth Alaska State Legislature and enacted into 30 law. 31 * Sec. 9. Section 2 of this Act takes effect only if a version of House Bill 198 is not 01 adopted during the Second Regular Session of the Nineteenth Alaska State Legislature and 02 enacted into law. 03 * Sec. 10. Sections 1 and 5 of this Act take effect January 1, 1997. 04 * Sec. 11. Sections 6 - 9 of this Act take effect immediately under AS 01.10.070(c). 05 * Sec. 12. If sec. 3 of this Act takes effect, it takes effect January 1, 1997. 06 * Sec. 13. If sec. 2 of this Act takes effect, it takes effect January 1, 1997. 07 * Sec. 14. Section 4 of this Act takes effect January 1, 1998.