SB 3: "An Act relating to allowable absences from the state for purposes of eligibility for permanent fund dividends; and providing for an effective date."
00 SENATE BILL NO. 3 01 "An Act relating to allowable absences from the state for purposes of eligibility for 02 permanent fund dividends; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 43.23.008(a) is amended to read: 05 (a) Subject to (b), [AND] (c), and (e) of this section, an otherwise eligible 06 individual who is absent from the state during the qualifying year remains eligible for 07 a current year permanent fund dividend if the individual was absent 08 (1) receiving secondary or postsecondary education on a full-time 09 basis; 10 (2) receiving vocational, professional, or other specific education on a 11 full-time basis for which, as determined by the Alaska Commission on Postsecondary 12 Education, a comparable program is not reasonably available in the state; 13 (3) serving on active duty as a member of the armed forces of the 14 United States or accompanying, as that individual's spouse, minor dependent, or
01 disabled dependent, an individual who is 02 (A) serving on active duty as a member of the armed forces of 03 the United States; and 04 (B) eligible for a current year dividend; 05 (4) serving under foreign or coastal articles of employment aboard an 06 oceangoing vessel of the United States merchant marine; 07 (5) receiving continuous medical treatment recommended by a 08 licensed physician or convalescing as recommended by the physician who treated the 09 illness if the treatment or convalescence is not based on a need for climatic change; 10 (6) providing care for a parent, spouse, sibling, child, or stepchild with 11 a critical life-threatening illness whose treatment plan, as recommended by the 12 attending physician, requires travel outside the state for treatment at a medical 13 specialty complex; 14 (7) providing care for the individual's terminally ill family member; 15 (8) settling the estate of the individual's deceased parent, spouse, 16 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 17 (9) serving as a member of the United States Congress; 18 (10) serving on the staff of a member from this state of the United 19 States Congress; 20 (11) serving as an employee of the state in a field office or other 21 location; 22 (12) accompanying a minor who is absent under (5) of this subsection; 23 (13) accompanying another eligible resident who is absent for a reason 24 permitted under (1), (2), (5) - (12), (16), or (17) of this subsection as the spouse, minor 25 dependent, or disabled dependent of the eligible resident; 26 (14) serving as a volunteer in the federal peace corps program; 27 (15) because of training or competing as a member of the United States 28 Olympic Team; 29 (16) participating for educational purposes in a student fellowship 30 sponsored by the United States Department of Education or by the United States 31 Department of State;
01 (17) for any reason consistent with the individual's intent to remain a 02 state resident, provided the absence or cumulative absences do not exceed 03 (A) 180 days in addition to any absence or cumulative absences 04 claimed under (3) of this subsection if the individual is not claiming an absence 05 under (1), (2), or (4) - (16) of this subsection; 06 (B) 120 days in addition to any absence or cumulative absences 07 claimed under (1) - (3) of this subsection if the individual is not claiming an 08 absence under (4) - (16) of this subsection but is claiming an absence under (1) 09 or (2) of this subsection; or 10 (C) 45 days in addition to any absence or cumulative absences 11 claimed under (1) - (16) of this subsection if the individual is claiming an 12 absence under (4) - (16) of this subsection. 13 * Sec. 2. AS 43.23.008(c) is amended to read: 14 (c) An otherwise eligible individual who has been eligible for the immediately 15 preceding 10 dividends despite being absent from the state for more than 180 days in 16 each of the related 10 qualifying years is only eligible for the current year dividend if 17 the individual was absent 180 days or less during the qualifying year. This subsection 18 does not apply to an absence under (a)(9) or (10) of this section or to an absence under 19 (a)(13) of this section if the absence is to accompany an individual who is absent 20 under (a)(9) or (10) of this section. This subsection does not apply to an absence 21 under (a)(3) of this section. 22 * Sec. 3. AS 43.23.008 is amended by adding new subsections to read: 23 (e) After an individual has been absent from the state for more than 180 days 24 in each of the five preceding qualifying years, the department shall presume that the 25 individual is no longer a state resident. Subject to the limitation in (c) of this section, 26 the individual may rebut this presumption by providing proof to the department that 27 establishes, by clear and convincing evidence, that 28 (1) the individual was physically present in the state for at least 30 29 cumulative days during the past five years; and 30 (2) the individual is a state resident as defined in AS 43.23.095. 31 (f) To determine whether an individual intends to return and remain in the
01 state indefinitely, the factors the department shall consider include 02 (1) the length of time the individual was absent from the state 03 compared to the length of time the individual was physically present in the state; 04 (2) the frequency and duration of voluntary return trips to the state 05 during the past five years; 06 (3) whether the individual's intent to return to and remain in the state is 07 conditioned on future events beyond the individual's control, such as the financial 08 circumstances of the individual or the ability of the individual to find employment in 09 the state; 10 (4) the ties the individual has established with the state or another 11 jurisdiction, as demonstrated by 12 (A) maintenance of a home; 13 (B) payment of resident taxes; 14 (C) registration of a vehicle; 15 (D) registration to vote and voting history; 16 (E) acquisition of a driver's license, business license, or 17 professional license; and 18 (F) receipt of benefits under a claim of residency in the state or 19 another jurisdiction; 20 (5) the priority that the individual gave the state on an employment 21 assignment preference list, including a list used by military personnel; 22 (6) whether the individual made a career choice or chose a career path 23 that does not allow the individual to reside in or return to the state. 24 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 RETROACTIVITY. Sections 1 - 3 of this Act are retroactive to January 1, 2013. 27 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).