CSHB 142(STA): "An Act relating to eligibility of active duty members of the uniformed services for the permanent fund dividend; relating to the physical presence in the state requirement for eligibility for the permanent fund dividend; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 142(STA) 01 "An Act relating to eligibility of active duty members of the uniformed services for the 02 permanent fund dividend; relating to the physical presence in the state requirement for 03 eligibility for the permanent fund dividend; and providing 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) applies to the department; 09 (2) is a state resident on the date of application; 10 (3) was a state resident during the entire qualifying year; 11 (4) has been physically present in the state for at least 168 [72] 12 consecutive hours [AT SOME TIME] during the [PRIOR] two years before the 13 current dividend year, regardless of whether the individual is claiming an absence 14 under AS 43.23.008;
01 (5) is 02 (A) a citizen of the United States; 03 (B) an alien lawfully admitted for permanent residence in the 04 United States; 05 (C) an alien with refugee status under federal law; or 06 (D) an alien that has been granted asylum under federal law; 07 (6) was, at all times during the qualifying year, physically present in 08 the state or, if absent, was absent only as allowed in AS 43.23.008; and 09 (7) was in compliance during the qualifying year with the military 10 selective service registration requirements imposed under 50 U.S.C. App. 453 11 (Military Selective Service Act), if those requirements were applicable to the 12 individual, or has come into compliance after being notified of the lack of compliance. 13 * Sec. 2. AS 43.23.008(a) is amended to read: 14 (a) Subject to (b) and (d) of this section, an otherwise eligible individual who 15 is absent from the state during the qualifying year remains eligible for a current year 16 permanent fund dividend if the individual is [WAS] absent 17 (1) receiving secondary or postsecondary education on a full-time 18 basis; 19 (2) receiving vocational, professional, or other specific education on a 20 full-time basis for which, as determined by the Alaska Commission on Postsecondary 21 Education, a comparable program is not reasonably available in the state; 22 (3) because the individual is 23 (A) deployed or travelling on a temporary duty assignment 24 while serving on active duty as a member of the uniformed services [ARMED 25 FORCES] of the United States; or 26 (B) accompanying, as the [THAT INDIVIDUAL'S] spouse, 27 minor dependent, or disabled dependent of [,] an individual who is 28 (i) described under (A) of this paragraph [(A) 29 SERVING ON ACTIVE DUTY AS A MEMBER OF THE ARMED 30 FORCES OF THE UNITED STATES]; and 31 (ii) [(B)] eligible for a current year dividend;
01 (4) serving under foreign or coastal articles of employment aboard an 02 oceangoing vessel of the United States merchant marine; 03 (5) receiving continuous medical treatment recommended by a 04 licensed physician or convalescing as recommended by the physician who treated the 05 illness if the treatment or convalescence is not based on a need for climatic change; 06 (6) providing care for a parent, spouse, sibling, child, or stepchild with 07 a critical life-threatening illness whose treatment plan, as recommended by the 08 attending physician, requires travel outside the state for treatment at a medical 09 specialty complex; 10 (7) providing care for the individual's terminally ill family member; 11 (8) settling the estate of the individual's deceased parent, spouse, 12 sibling, child, or stepchild, provided the absence does not exceed 220 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), (16), or (17) of this subsection as the spouse, minor 21 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) for any reason consistent with the individual's intent to remain a 29 state resident, provided the absence or cumulative absences do not exceed 30 (A) 180 days in addition to any absence or cumulative absences 31 claimed under (3) of this subsection if the individual is not claiming an absence
01 under (1), (2), or (4) - (16) of this subsection; 02 (B) 120 days in addition to any absence or cumulative absences 03 claimed under (1) - (3) of this subsection if the individual is not claiming an 04 absence under (4) - (16) of this subsection but is claiming an absence under (1) 05 or (2) of this subsection; or 06 (C) 45 days in addition to any absence or cumulative absences 07 claimed under (1) - (16) of this subsection if the individual is claiming an 08 absence under (4) - (16) of this subsection. 09 * Sec. 3. AS 43.23.008(f) is amended to read: 10 (f) In [FOR PURPOSES OF (a)(7) OF] this section, 11 (1) "family member" means a person who is 12 (A) [(1)] legally related to the individual through marriage or 13 guardianship; or 14 (B) [(2)] the individual's sibling, parent, grandparent, son, 15 daughter, grandson, granddaughter, uncle, aunt, niece, nephew, or first cousin; 16 (2) "uniformed service" means the Army, Navy, Air Force, Marine 17 Corps, Coast Guard, Space Force, and the Commissioned Corps of the National 18 Oceanic and Atmospheric Administration and Public Health Services. 19 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 APPLICABILITY. AS 43.23.005(a), as amended by sec. 1 of this Act, 22 AS 43.23.008(a), as amended by sec. 2 of this Act, and AS 43.23.008(f), as amended by sec. 3 23 of this Act, apply to the permanent fund dividend 2023 qualifying year for the 2024 dividend 24 year and thereafter. 25 * Sec. 5. This Act takes effect January 1, 2023.