HB 2: "An Act allowing, for the purposes of permanent fund dividend eligibility, an individual to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for any of the following reasons: vocational, professional, or other specific education for which a comparable program is not reasonably available in the state; secondary or postsecondary education; military service; medical treatment; service in the Congress or in the peace corps; to care for the individual's terminally ill parent, spouse, sibling, child, or stepchild; for up to 220 days to settle the estate of the individual's deceased parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside of the state for treatment at a medical speciality complex; or other reasons that the commissioner of revenue may establish by regulation; requiring, for the purposes of permanent fund dividend eligibility, a state resident to have the intent to remain indefinitely; relating to the eligibility for 1992, 1993, 1994, 1995, 1996, and 1997 permanent fund dividends of certain spouses and dependents of eligible applicants; and providing for an effective date."
00HOUSE BILL NO. 2 01 "An Act allowing, for the purposes of permanent fund dividend eligibility, an 02 individual to accompany, as the spouse or minor or disabled dependent, another 03 eligible resident who is absent for any of the following reasons: vocational, 04 professional, or other specific education for which a comparable program is not 05 reasonably available in the state; secondary or postsecondary education; military 06 service; medical treatment; service in the Congress or in the peace corps; to care 07 for the individual's terminally ill parent, spouse, sibling, child, or stepchild; for 08 up to 220 days to settle the estate of the individual's deceased parent, spouse, 09 sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild 10 with a critical life-threatening illness whose treatment plan, as recommended by 11 the attending physician, requires travel outside of the state for treatment at a 12 medical speciality complex; or other reasons that the commissioner of revenue may 13 establish by regulation; requiring, for the purposes of permanent fund dividend 14 eligibility, a state resident to have the intent to remain indefinitely; relating to
01 the eligibility for 1992, 1993, 1994, 1995, 1996, and 1997 permanent fund 02 dividends of certain spouses and dependents of eligible applicants; and providing 03 for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 43.23.005(a) is amended to read: 06 (a) An individual is eligible to receive one permanent fund dividend each year 07 in an amount to be determined under AS 43.23.025 if the individual 08 (1) [THE INDIVIDUAL] applies to the department; 09 (2) [ON THE DATE OF APPLICATION THE INDIVIDUAL] is a 10 state resident on the date of application; 11 (3) [THE INDIVIDUAL] was a state resident for at least the calendar 12 year immediately preceding January 1 of the current dividend year; 13 (4) [THE INDIVIDUAL] has been physically present in the state at 14 some time during the prior two calendar years before the current dividend year; [AND] 15 (5) [THE INDIVIDUAL] is 16 (A) a citizen of the United States; 17 (B) an alien lawfully admitted for permanent residence in the 18 United States; 19 (C) an alien with refugee status under federal law; or 20 (D) an alien that has been granted asylum under federal law; 21 and 22 (6) was, during the entire period described in (3) of this subsection, 23 present in the state or, if absent, was absent only as allowed in AS 43.23.008. 24 * Sec. 2. AS 43.23 is amended by adding a new section to read: 25 Sec. 43.23.008. Allowable absences. An otherwise eligible individual who is 26 absent from the state during the calendar year immediately preceding the current 27 dividend year remains eligible for the dividend if the individual was absent for any of 28 the following reasons: 29 (1) vocational, professional, or other specific education for which a 30 comparable program was not reasonably available in the state; 31 (2) secondary or postsecondary education;
01 (3) military service; 02 (4) medical treatment; 03 (5) service in the Congress; 04 (6) service in the peace corps; 05 (7) to care for the individual's terminally ill parent, spouse, sibling, 06 child, or stepchild; 07 (8) for up to 220 days to settle the estate of the individual's deceased 08 parent, spouse, sibling, child, or stepchild; 09 (9) to care for a parent, spouse, sibling, child, or stepchild with a 10 critical life-threatening illness whose treatment plan, as recommended by the attending 11 physician, requires travel outside the state for treatment at a medical speciality 12 complex; 13 (10) other reasons that the commissioner may establish by regulation; 14 or 15 (11) accompanying another eligible resident who is absent for a reason 16 permitted under this section as the spouse, minor dependent, or disabled dependent of 17 the eligible resident. 18 * Sec. 3. AS 43.23.095(8) is amended to read: 19 (8) "state resident" means an individual who is physically present in the 20 state with the intent to remain indefinitely [PERMANENTLY] in the state under the 21 requirements of AS 01.10.055 or, if the individual is not physically present in the state, 22 intends to return to the state and remain indefinitely [PERMANENTLY] in the state 23 under the requirements of AS 01.10.055 [, AND IS ABSENT ONLY FOR ANY OF 24 THE FOLLOWING REASONS: 25 (A) VOCATIONAL, PROFESSIONAL, OR OTHER SPECIFIC 26 EDUCATION FOR WHICH A COMPARABLE PROGRAM WAS NOT 27 REASONABLY AVAILABLE IN THE STATE; 28 (B) SECONDARY OR POSTSECONDARY EDUCATION; 29 (C) MILITARY SERVICE; 30 (D) MEDICAL TREATMENT; 31 (E) SERVICE IN CONGRESS;
01 (F) OTHER REASONS WHICH THE COMMISSIONER MAY 02 ESTABLISH BY REGULATION; 03 (G) SERVICE IN THE PEACE CORPS; 04 (H) TO CARE FOR THE INDIVIDUAL'S TERMINALLY ILL 05 PARENT, SPOUSE, SIBLING, CHILD, OR STEPCHILD; 06 (I) FOR UP TO 220 DAYS TO SETTLE THE ESTATE OF 07 THE INDIVIDUAL'S DECEASED PARENT, SPOUSE, SIBLING, CHILD, 08 OR STEPCHILD; OR 09 (J) TO CARE FOR A PARENT, SPOUSE, SIBLING, CHILD, 10 OR STEPCHILD WITH A CRITICAL LIFE-THREATENING ILLNESS 11 WHOSE TREATMENT PLAN, AS RECOMMENDED BY THE ATTENDING 12 PHYSICIAN, REQUIRES TRAVEL OUTSIDE THE STATE FOR 13 TREATMENT AT A MEDICAL SPECIALTY COMPLEX]; 14 * Sec. 4. PERMANENT FUND DIVIDENDS FOR CERTAIN SPOUSES AND 15 DEPENDENTS. (a) Notwithstanding the provision in AS 43.23.015(a) that the residency of 16 an individual's spouse may not be the principal factor relied upon in determining the residency 17 of the individual, an individual is eligible for a 1992, 1993, 1994, 1995, 1996, or 1997 18 dividend even if the individual was absent from the state while accompanying, as the spouse, 19 minor dependent, or disabled dependent, another person who was eligible for that dividend and 20 was absent for a reason permitted under AS 43.23.008 or 43.23.095(8), as those statutes read 21 at the time of the absence. An individual is eligible for a prior year dividend under this 22 subsection regardless of whether the individual previously applied for the prior year dividend 23 but only if the individual 24 (1) would have been otherwise eligible for the prior year dividend; 25 (2) is eligible for the 1998 dividend; and 26 (3) applies for the prior year dividend during the 1998 application period. 27 (b) The Department of Revenue shall prescribe and furnish an application form for 28 claiming a prior year dividend under this section. 29 * Sec. 5. This Act takes effect January 1, 1998.