CSHB 314(STA): "An Act relating to service in the peace corps as an allowable absence from the state for purposes of eligibility for permanent fund dividends and to the period for filing an application for a permanent fund dividend; authorizing the Department of Revenue to issue administrative orders imposing sanctions for certain misrepresentations or other actions concerning eligibility for a permanent fund dividend and providing for administrative appeal of those orders; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 314(STA) 01 "An Act relating to service in the peace corps as an allowable absence from the state for 02 purposes of eligibility for permanent fund dividends and to the period for filing an 03 application for a permanent fund dividend; authorizing the Department of Revenue to 04 issue administrative orders imposing sanctions for certain misrepresentations or other 05 actions concerning eligibility for a permanent fund dividend and providing for 06 administrative appeal of those orders; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 43.23.008(a) is amended to read: 09 (a) Subject to (b) and (c) of this section, an otherwise eligible individual who 10 is absent from the state during the qualifying year remains eligible for a current year 11 permanent fund dividend if the individual was absent 12 (1) receiving secondary or postsecondary education on a full-time 13 basis;
01 (2) receiving vocational, professional, or other specific education on a 02 full-time basis for which, as determined by the Alaska Commission on Postsecondary 03 Education, a comparable program is not reasonably available in the state; 04 (3) serving on active duty as a member of the armed forces of the 05 United States; 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 that 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 parent, spouse, 16 sibling, child, or stepchild; 17 (8) settling the estate of the individual's deceased parent, spouse, 18 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 19 (9) serving as a member of the United States Congress; 20 (10) serving on the staff of a member from this state of the United 21 States Congress; 22 (11) serving as an employee of the state in a field office or other 23 location; 24 (12) accompanying a minor who is absent under (5) of this subsection; 25 (13) accompanying another eligible resident who is absent for a reason 26 permitted under (1) - (3), (5) - (12), [OR] (14), or (15) of this subsection as the spouse, 27 minor dependent, or disabled dependent of the eligible resident; 28 (14) serving as a volunteer in the federal peace corps program; 29 (15) for any reason consistent with the individual's intent to remain a 30 state resident, provided the absence or cumulative absences do not exceed 31 (A) 180 days if the individual is not claiming an absence under
01 (1) - (14) [(1) - (13)] of this subsection; 02 (B) 120 days in addition to any absence or cumulative absences 03 claimed under (1) or (2) of this subsection if the individual is not claiming an 04 absence under (3) - (14) [(3) - (13)] of this subsection; or 05 (C) 45 days in addition to any absence or cumulative absences 06 claimed under (1) - (14) [(1) - (13)] of this subsection. 07 * Sec. 2. AS 43.23.008(b) is amended to read: 08 (b) An individual may not claim an allowable absence under (a)(1) - (14) 09 [(a)(1) - (13)] of this section unless the individual was a resident of the state for at 10 least six consecutive months immediately before leaving the state. 11 * Sec. 3. AS 43.23.011 is amended to read: 12 Sec. 43.23.011. Application period. An application for a permanent fund 13 dividend shall be filed during the period that begins January 1 [JANUARY 2] and 14 ends March 31 of that dividend year. 15 * Sec. 4. AS 43.23.035(c) is amended to read: 16 (c) In addition to any criminal penalties imposed by state law, if the 17 department finds that an [AN] individual [WHO], in claiming a permanent fund 18 dividend, or an individual [WHO], in certifying another person's eligibility, willfully 19 misrepresents, exercises gross negligence with respect to, or recklessly disregards a 20 material fact pertaining to, eligibility, the department may issue an order against 21 the individual for the 22 (1) forfeiture of [FORFEITS] the dividend; 23 (2) imposition of [, IS SUBJECT TO] a civil fine of up to $3,000; 24 [$5,000,] and 25 (3) loss of [LOSES] eligibility to receive the next five dividends 26 following the forfeited dividend [DIVIDENDS. THE COMMISSIONER MAY 27 COMMENCE PROCEEDINGS IN COURT TO ENFORCE THIS SUBSECTION]. 28 * Sec. 5. AS 43.23.035 is amended by adding a new subsection to read: 29 (e) The provisions of AS 43.23.015(g) and (i) apply to a request for review of, 30 and to appeal of, a decision under (c) of this section by an individual aggrieved by the 31 decision. When all appeals have been exhausted under this chapter or the time when
01 all of the appeals that could have been taken has expired, the order issued imposing a 02 civil fine, forfeiture, or loss of eligibility becomes final and enforceable in the same 03 manner as a judgment of the court. 04 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 REGULATIONS AND APPLICATION. (a) The Department of Revenue may 07 immediately adopt regulations necessary to implement the changes made by secs. 3 - 5 of this 08 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 09 before July 1, 2002. 10 (b) AS 43.23.035(c), as amended in sec. 4 of this Act, and AS 43.23.035(e), as added 11 in sec. 5 of this Act, apply only with respect to applications filed on or after July 1, 2002. 12 AS 43.23.035(c) as it read immediately before July 1, 2002, applies with respect to 13 applications filed before July 1, 2002. 14 * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 15 * Sec. 8. Sections 3 - 5 of this Act take effect July 1, 2002. 16 * Sec. 9. Sections 1 and 2 of this Act take effect January 1, 2003.