CCS HB 2: "An Act requiring, for purposes of permanent fund dividend eligibility, an individual to have been physically present in the state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full-time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a need for climatic change, providing care for certain relatives with critical life-threatening illnesses, providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the United States Congress, serving as an employee of the state, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent with an individual's intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state 'resident' for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date."
00CONFERENCE CS FOR HOUSE BILL NO. 2 01 "An Act requiring, for purposes of permanent fund dividend eligibility, an 02 individual to have been physically present in the state for at least 72 consecutive 03 hours during the prior two years before the current dividend year; relating, for 04 purposes of permanent fund dividend eligibility, to allowable absences for 05 secondary and postsecondary education on a full-time basis, vocational, professional, 06 or other education on a full-time basis when a comparable program is not 07 reasonably available in the state, serving on active duty as a member of the 08 armed forces of the United States, receiving continuous medical treatment or 09 convalescing if the treatment or convalescence is not based on a need for climatic 10 change, providing care for certain relatives with critical life-threatening illnesses, 11 providing care for certain terminally ill relatives, settling the estates of certain 12 relatives, serving as a member of the United States Congress, serving on the staff 13 of a member from this state of the United States Congress, serving as an 14 employee of the state, accompanying certain ill minors, accompanying another
01 eligible resident who is absent for an allowable reason as the spouse, minor 02 dependent, or disabled dependent of the eligible resident, or for any reason 03 consistent with an individual's intent to remain a state resident; prohibiting, for 04 purposes of permanent fund dividend eligibility, an individual from claiming an 05 allowable absence unless the individual was a resident for at least six consecutive 06 months immediately before leaving the state; making ineligible, for purposes of 07 permanent fund dividend eligibility, certain individuals who are absent for more 08 than 180 days during each of 10 qualifying years; relating to the definition of 09 state 'resident' for purposes of permanent fund dividend eligibility and requiring 10 a state resident to have the intent to remain indefinitely; relating to the qualifying 11 year and defining that term for purposes of the permanent fund dividend 12 program; relating to the eligibility for 1998 permanent fund dividends of certain 13 spouses and dependents of eligible individuals; and providing for an effective 14 date." 15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 16 * Section 1. AS 23.40.210(e) is amended to read: 17 (e) In this section, "state resident" means an individual who is physically 18 present in the state with the intent to remain permanently in the state under the 19 requirements of AS 01.10.055 or, if the individual is not physically present in the state, 20 intends to return to the state and remain permanently in the state under the 21 requirements of AS 01.10.055 [,] and is absent only temporarily for reasons allowed 22 under AS 43.23.008 [AS 43.23.095(8)] or a successor statute. 23 * Sec. 2. AS 43.23.005(a) is amended to read: 24 (a) An individual is eligible to receive one permanent fund dividend each year 25 in an amount to be determined under AS 43.23.025 if the individual 26 (1) [THE INDIVIDUAL] applies to the department; 27 (2) [ON THE DATE OF APPLICATION THE INDIVIDUAL] is a 28 state resident on the date of application ; 29 (3) [THE INDIVIDUAL] was a state resident during [FOR AT 30 LEAST] the entire qualifying [CALENDAR YEAR IMMEDIATELY PRECEDING 31 JANUARY 1 OF THE CURRENT DIVIDEND] year;
01 (4) [THE INDIVIDUAL] has been physically present in the state at 02 some time during the prior two [CALENDAR] years before the current dividend year; 03 [AND] 04 (5) [THE INDIVIDUAL] is 05 (A) a citizen of the United States; 06 (B) an alien lawfully admitted for permanent residence in the 07 United States; 08 (C) an alien with refugee status under federal law; or 09 (D) an alien that has been granted asylum under federal law ; 10 and 11 (6) was, at all times during the qualifying year, physically present 12 in the state or, if absent, was absent only as allowed in AS 43.23.008 . 13 * Sec. 3. AS 43.23.005(a) is amended to read: 14 (a) An individual is eligible to receive one permanent fund dividend each year 15 in an amount to be determined under AS 43.23.025 if the individual 16 (1) applies to the department; 17 (2) is a state resident on the date of application; 18 (3) was a state resident during the entire qualifying year; 19 (4) has been physically present in the state for at least 72 consecutive 20 hours at some time during the prior two years before the current dividend year; 21 (5) 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, at all times during the qualifying year, physically present in 29 the state or, if absent, was absent only as allowed in AS 43.23.008. 30 * Sec. 4. AS 43.23.005(d) is amended to read: 31 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual is
01 not eligible for a permanent fund dividend for a dividend year when 02 (1) during the qualifying [CALENDAR YEAR IMMEDIATELY 03 PRECEDING THAT DIVIDEND] year the individual was sentenced as a result of 04 conviction in this state of a felony; 05 (2) during all or part of the qualifying [CALENDAR YEAR 06 IMMEDIATELY PRECEDING THAT DIVIDEND] year, the individual was 07 incarcerated as a result of the conviction in this state of a 08 (A) felony; or 09 (B) misdemeanor if the individual has been convicted of two or 10 more prior crimes as defined in AS 11.81.900. 11 * Sec. 5. AS 43.23 is amended by adding a new section to read: 12 Sec. 43.23.008. Allowable absences. (a) Subject to (b) and (c) of this 13 section, an otherwise eligible individual who is absent from the state during the 14 qualifying year remains eligible for a current year permanent fund dividend if the 15 individual was absent 16 (1) receiving secondary or postsecondary education on a full-time basis; 17 (2) receiving vocational, professional, or other specific education on a 18 full-time basis for which, as determined by the Alaska Commission on Postsecondary 19 Education, a comparable program is not reasonably available in the state; 20 (3) serving on active duty as a member of the armed forces of the 21 United States; 22 (4) receiving continuous medical treatment recommended by a licensed 23 physician or convalescing as recommended by the physician that treated the illness if 24 the treatment or convalescence is not based on a need for climatic change; 25 (5) providing care for a parent, spouse, sibling, child, or stepchild with 26 a critical life-threatening illness whose treatment plan, as recommended by the 27 attending physician, requires travel outside the state for treatment at a medical 28 specialty complex; 29 (6) providing care for the individual's terminally ill parent, spouse, 30 sibling, child, or stepchild; 31 (7) settling the estate of the individual's deceased parent, spouse,
01 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 02 (8) serving as a member of the United States Congress; 03 (9) serving on the staff of a member from this state of the United States 04 Congress; 05 (10) serving as an employee of the state in a field office or other 06 location; 07 (11) accompanying a minor who is absent under (4) of this subsection; 08 (12) 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 (13) 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) - (12) 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 an 17 absence under (3) - (12) of this subsection; or 18 (C) 45 days in addition to any absence or cumulative absences 19 claimed under (1) - (12) of this subsection. 20 (b) An individual may not claim an allowable absence under (a)(1) - (12) of 21 this section unless the individual was a resident of the state for at least six consecutive 22 months immediately before leaving the state. 23 (c) An otherwise eligible individual who has been eligible for the immediately 24 preceding 10 dividends despite being absent from the state for more than 180 days in 25 each of the related 10 qualifying years is only eligible for the current year dividend 26 if the individual was absent 180 days or less during the qualifying year. This 27 subsection does not apply to an absence under (a)(8) or (9) of this section or to an 28 absence under (a)(12) of this section if the absence is to accompany an individual who 29 is absent under (a)(8) or (9) of this section. 30 * Sec. 6. AS 43.23.028(a) is amended to read: 31 (a) By October 1 of each year, the commissioner shall give public notice of
01 the value of each permanent fund dividend for that year and notice of the information 02 required to be disclosed under (3) of this subsection. In addition, the stub attached to 03 each individual dividend check and direct deposit advice must 04 (1) disclose the amount of each dividend attributable to income earned 05 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 06 Constitution of the State of Alaska; 07 (2) disclose the amount of each dividend attributable to income earned 08 by the permanent fund from appropriations to that fund and from amounts added to 09 that fund to offset the effects of inflation; 10 (3) disclose the amount by which each dividend has been reduced due 11 to each appropriation from the dividend fund, including amounts to pay the costs of 12 administering the dividend program and the hold harmless provisions of AS 43.23.075; 13 (4) include a statement that an individual is not eligible for a dividend 14 when 15 (A) during the qualifying [CALENDAR YEAR 16 IMMEDIATELY PRECEDING THAT DIVIDEND] year the individual was 17 convicted of a felony; 18 (B) during all or part of the qualifying [CALENDAR YEAR 19 IMMEDIATELY PRECEDING THAT DIVIDEND] year, the individual was 20 incarcerated as a result of the conviction of a 21 (i) felony; or 22 (ii) misdemeanor if the individual has been convicted of 23 two or more prior crimes; 24 (5) include a statement that the legislative purpose for making 25 individuals listed under (4) of this subsection ineligible is to 26 (A) obtain reimbursement for some of the costs imposed on the 27 state criminal justice system related to incarceration or probation of those 28 individuals; 29 (B) provide funds for payments to crime victims and for grants 30 for the operation of domestic violence and sexual assault programs; 31 (6) disclose the total amount that would have been paid during the
01 previous fiscal year to individuals who were ineligible to receive dividends under 02 AS 43.23.005(d) if they had been eligible; 03 (7) disclose the total amount appropriated for the current fiscal year 04 under (b) of this section for each of the funds and agencies listed in (b) of this section. 05 * Sec. 7. AS 43.23.095(8) is amended to read: 06 (8) "state resident" means an individual who is physically present in the 07 state with the intent to remain indefinitely [PERMANENTLY] in the state under the 08 requirements of AS 01.10.055 or, if the individual is not physically present in the state, 09 intends to return to the state and remain indefinitely [PERMANENTLY] in the state 10 under the requirements of AS 01.10.055 [, AND IS ABSENT ONLY FOR ANY OF 11 THE FOLLOWING REASONS: 12 (A) VOCATIONAL, PROFESSIONAL, OR OTHER SPECIFIC 13 EDUCATION FOR WHICH A COMPARABLE PROGRAM WAS NOT 14 REASONABLY AVAILABLE IN THE STATE; 15 (B) SECONDARY OR POSTSECONDARY EDUCATION; 16 (C) MILITARY SERVICE; 17 (D) MEDICAL TREATMENT; 18 (E) SERVICE IN CONGRESS; 19 (F) OTHER REASONS WHICH THE COMMISSIONER MAY 20 ESTABLISH BY REGULATION; 21 (G) SERVICE IN THE PEACE CORPS; 22 (H) TO CARE FOR THE INDIVIDUAL'S TERMINALLY ILL 23 PARENT, SPOUSE, SIBLING, CHILD, OR STEPCHILD; 24 (I) FOR UP TO 220 DAYS TO SETTLE THE ESTATE OF 25 THE INDIVIDUAL'S DECEASED PARENT, SPOUSE, SIBLING, CHILD, 26 OR STEPCHILD; OR 27 (J) TO CARE FOR A PARENT, SPOUSE, SIBLING, CHILD, 28 OR STEPCHILD WITH A CRITICAL LIFE-THREATENING ILLNESS 29 WHOSE TREATMENT PLAN, AS RECOMMENDED BY THE ATTENDING 30 PHYSICIAN, REQUIRES TRAVEL OUTSIDE THE STATE FOR 31 TREATMENT AT A MEDICAL SPECIALTY COMPLEX];
01 * Sec. 8. AS 43.23.095 is amended by adding a new paragraph to read: 02 (10) "qualifying year" means the year immediately preceding January 1 03 of the current dividend year. 04 * Sec. 9. APPLICATION. AS 43.23.008(c), enacted by sec. 5 of this Act, applies only to 05 periods of absence during January 1, 1998, and thereafter. 06 * Sec. 10. PERMANENT FUND DIVIDENDS FOR CERTAIN SPOUSES AND 07 DEPENDENTS. (a) Notwithstanding the provision in AS 43.23.015(a) that the residency of 08 an individual's spouse may not be the principal factor relied upon in determining the residency 09 of the individual, an individual is eligible for a 1998 dividend if the individual was absent 10 from the state while accompanying, as the spouse, minor dependent, or disabled dependent, 11 another person who was eligible for that dividend and was absent for a reason permitted 12 under AS 43.23.095(8), as that statute read at the time of the absence. An individual is 13 eligible for a 1998 dividend under this subsection only if the individual would have been 14 otherwise eligible for the 1998 dividend and 15 (1) applied for the 1998 dividend during the 1998 application period; or 16 (2) if the individual did not apply during the 1998 application period, applies 17 for the 1998 dividend before the end of the 1999 application period. 18 (b) The Department of Revenue shall prescribe and furnish an application form for 19 claiming a 1998 dividend under (a)(2) of this section. 20 * Sec. 11. Section 10 of this Act is retroactive to January 1, 1998. 21 * Sec. 12. Sections 10 and 11 of this Act take effect immediately under AS 01.10.070(c). 22 * Sec. 13. Sections 1, 2, and 4 - 9 of this Act take effect January 1, 1999. 23 * Sec. 14. Section 3 of this Act takes effect January 1, 2000.