CSHB 190(STA): "An Act relating to allowable absences for a permanent fund dividend; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 190(STA) 01 "An Act relating to allowable absences for a permanent fund dividend; and providing 02 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) applies to the department; 08 (2) is a state resident on the date of application; 09 (3) was a state resident during the entire qualifying year; 10 (4) has been physically present in the state for at least seven [72] 11 consecutive days [HOURS] at some time during the prior two years before the current 12 dividend year; 13 (5) is 14 (A) a citizen of the United States;
01 (B) an alien lawfully admitted for permanent residence in the 02 United States; 03 (C) an alien with refugee status under federal law; or 04 (D) an alien that has been granted asylum under federal law; 05 (6) was, at all times during the qualifying year, physically present in 06 the state or, if absent, was absent only as allowed in AS 43.23.008; and 07 (7) was in compliance during the qualifying year with the military 08 selective service registration requirements imposed under 50 U.S.C. App. 453 09 (Military Selective Service Act), if those requirements were applicable to the 10 individual, or has come into compliance after being notified of the lack of compliance. 11 * Sec. 2. AS 43.23.005 is amended by adding a new subsection to read: 12 (i) Notwithstanding (a) - (c) of this section, an individual who was absent from 13 the state for more than 120 days during the qualifying year is not eligible for a 14 dividend. The limitation in this subsection does not apply to an absence for a reason 15 listed in AS 43.23.008(a). 16 * Sec. 3. AS 43.23.008(a) is amended to read: 17 (a) Subject to (b) and (d) of this section, an otherwise eligible individual who 18 is absent from the state during the qualifying year remains eligible for a current year 19 permanent fund dividend if the individual was absent 20 (1) receiving secondary or postsecondary education on a full-time 21 basis; 22 (2) receiving vocational, professional, or other specific education on a 23 full-time basis for which, as determined by the Alaska Commission on Postsecondary 24 Education, a comparable program is not reasonably available in the state; 25 (3) serving on active duty as a member of the armed forces of the 26 United States or accompanying, as that individual's spouse, minor dependent, or 27 disabled dependent, an individual who is 28 (A) serving on active duty as a member of the armed forces of 29 the United States; and 30 (B) eligible for a current year dividend; 31 (4) serving under foreign or coastal articles of employment aboard an
01 oceangoing vessel of the United States merchant marine; 02 (5) receiving continuous medical treatment recommended by a 03 licensed physician or convalescing as recommended by the physician who treated the 04 illness if the treatment or convalescence is not based on a need for climatic change; 05 (6) providing care for a parent, spouse, sibling, child, or stepchild with 06 a critical life-threatening illness whose treatment plan, as recommended by the 07 attending physician, requires travel outside the state for treatment at a medical 08 specialty complex; 09 (7) providing care for the individual's terminally ill family member; 10 (8) settling the estate of the individual's deceased parent, spouse, 11 sibling, child, or stepchild, provided the absence does not exceed 120 [220] 12 cumulative days; 13 (9) serving as a member of the United States Congress; 14 (10) serving on the staff of a member from this state of the United 15 States Congress; 16 (11) serving as an employee of the state in a field office or other 17 location; 18 (12) accompanying a minor who is absent under (5) of this subsection; 19 (13) accompanying another eligible resident who is absent for a reason 20 permitted under (1), (2), (5) - (12), or (16) - (20) [(16), OR (17)] of this subsection as 21 the spouse, minor dependent, or disabled dependent of the eligible resident; 22 (14) serving as a volunteer in the federal peace corps program; 23 (15) because of training or competing as a member of the United States 24 Olympic Team or a United States national team for an Olympic sport; 25 (16) participating for educational purposes in a student fellowship 26 sponsored by the United States Department of Education or by the United States 27 Department of State; 28 (17) participating in a maritime registered apprenticeship 29 program under 29 U.S.C. 50; 30 (18) serving in the National Oceanic and Atmospheric 31 Administration Commissioned Officer Corps or the United States Public Health
01 Service Commissioned Corps; 02 (19) because the individual was prohibited from traveling back to 03 the state by state or federal order issued in response to a disaster; 04 (20) for any reason consistent with the individual's intent to remain a 05 state resident, provided the absence or cumulative absences do not exceed 06 (A) 120 [180] days in addition to any absence or cumulative 07 absences claimed under 08 (i) paragraph (3), (5), or (6) of this subsection if the 09 individual is not claiming an absence under (1), (2), (4), or (7) - (19) 10 [(4) - (16)] of this subsection; 11 (ii) paragraph (13) of this subsection if the 12 individual is accompanying another eligible resident who is absent 13 for a reason permitted under (5) or (6) of this subsection as the 14 spouse, minor dependent, or disabled dependent of the eligible 15 resident and is not claiming an absence under (1) - (12) or (14) - 16 (19) of this subsection; 17 (iii) paragraphs [(B) 120 DAYS IN ADDITION TO 18 ANY ABSENCE OR CUMULATIVE ABSENCES CLAIMED 19 UNDER] (1) - (3) of this subsection if the individual is not claiming an 20 absence under (4) - (19) [(4) - (16)] of this subsection but is claiming 21 an absence under (1) or (2) of this subsection; 22 (iv) paragraph (18) of this subsection if the 23 individual is not claiming an absence under (1) - (17) or (19) of this 24 subsection; or 25 (B) [or (C)] 45 days in addition to any absence or cumulative 26 absences claimed under (1) - (19) [(1) - (16)] of this subsection if the 27 individual is claiming an absence under (4) or (7) - (19) [(4) - (16)] of this 28 subsection. 29 * Sec. 4. AS 43.23.008(d) is amended to read: 30 (d) After an individual has been absent from the state for more than 120 [180] 31 days in each of the five preceding qualifying years, the department shall presume that
01 the individual is no longer a state resident. The individual may rebut this presumption 02 by providing clear and convincing evidence to the department that 03 (1) the individual was physically present in the state for at least 90 [30] 04 cumulative days during the past five years; and 05 (2) the individual is a state resident as defined in AS 43.23.295. 06 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. (a) Sections 1 - 3 of this Act apply to qualification for a permanent 09 fund dividend paid in 2021 and thereafter. 10 (b) Section 4 of this Act applies to qualification for a permanent fund dividend paid in 11 2025 and thereafter. 12 * Sec. 6. Section 4 this Act takes effect January 1, 2024.