CSHB 4(STA): "An Act relating to absences from the state for purposes of determining residency under the permanent fund dividend program; and providing for an effective date."

00CS FOR HOUSE BILL NO. 4(STA) 01 "An Act relating to absences from the state for purposes of determining residency 02 under the permanent fund dividend program; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43.23.005(a) is amended to read: 05  (a) An individual is eligible to receive one permanent fund dividend each year 06 in an amount to be determined under AS 43.23.025 if the individual 07  (1) [THE INDIVIDUAL] applies to the department; 08  (2) [ON THE DATE OF APPLICATION THE INDIVIDUAL] is a 09 state resident on the date of application; 10  (3) [THE INDIVIDUAL] was a state resident for at least the calendar 11 year immediately preceding January 1 of the current dividend year; 12  (4) [THE INDIVIDUAL] has been physically present in the state at 13 some time during the prior two calendar years before the current dividend year; [AND] 14  (5) [THE INDIVIDUAL] is

01  (A) a citizen of the United States; 02  (B) an alien lawfully admitted for permanent residence in the 03 United States; 04  (C) an alien with refugee status under federal law; or 05  (D) an alien that has been granted asylum under federal law; 06 and 07  (6) was, during the entire period described in (3) of this subsection, 08 present in the state or, if absent, was absent only as allowed in AS 43.23.008. 09 * Sec. 2. AS 43.23 is amended by adding a new section to read: 10  Sec. 43.23.008. ALLOWABLE ABSENCES. An otherwise eligible individual 11 who is absent from the state during the calendar year immediately preceding the 12 current dividend year remains eligible for the dividend if the individual was absent for 13  (1) vocational, professional, or other specific education for which a 14 comparable program was not reasonably available in the state; 15  (2) secondary or postsecondary education; 16  (3) military service; 17  (4) medical treatment; 18  (5) service in Congress; 19  (6) service in the peace corps; 20  (7) other reasons that the commissioner may establish by regulation; 21 or 22  (8) accompanying another eligible resident who is absent for a reason 23 permitted under this section as the spouse, minor dependent, or disabled dependent of 24 the eligible resident. 25 * Sec. 3. AS 43.23.095(8) is amended to read: 26  (8) "state resident" means an individual who is physically present in the 27 state with the intent to remain permanently in the state under the requirements of 28 AS 01.10.055 or, if the individual is not physically present in the state, maintains and 29 demonstrates at all times an intent [INTENDS] to return to the state to [AND] 30 remain permanently in the state under the requirements of AS 01.10.055 [, AND IS 31 ABSENT ONLY FOR ANY OF THE FOLLOWING REASONS:

01  (A) VOCATIONAL, PROFESSIONAL, OR OTHER SPECIFIC 02 EDUCATION FOR WHICH A COMPARABLE PROGRAM WAS NOT 03 REASONABLY AVAILABLE IN THE STATE; 04  (B) SECONDARY OR POSTSECONDARY EDUCATION; 05  (C) MILITARY SERVICE; 06  (D) MEDICAL TREATMENT; 07  (E) SERVICE IN CONGRESS; 08  (F) OTHER REASONS WHICH THE COMMISSIONER MAY 09 ESTABLISH BY REGULATION; OR 10  (G) SERVICE IN THE PEACE CORPS]; 11 * Sec. 4. PERMANENT FUND DIVIDENDS FOR CERTAIN SPOUSES AND 12 DEPENDENTS. Notwithstanding the provision in AS 43.23.015(a) that the residency of an 13 individual's spouse may not be the principal factor relied upon in determining the residency 14 of the individual, an otherwise eligible individual who applied for a 1992, 1993, or 1994 15 permanent fund dividend within the time prescribed by law is eligible for the dividend even 16 if the individual was absent from the state while accompanying, as the spouse, minor 17 dependent, or disabled dependent, another person who was absent for a reason permitted under 18 AS 43.23.095(8) and was eligible for that dividend. 19 * Sec. 5. APPEAL PERIOD. Notwithstanding permanent fund dividend appeal procedures 20 or deadlines established by law or regulation, an individual or the parent, guardian, or 21 authorized representative of a minor who qualified for the 1994 dividend because of 22 AS 43.23.008(8), enacted in sec. 2 of this Act, may appeal a denial of a 1994 dividend by 23 September 1, 1995. The Department of Revenue shall prepare a form for appeal under this 24 section. 25 * Sec. 6. Sections 1 - 3 of this Act are retroactive to January 1, 1995. 26 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).