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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 52                                                                                                          
01 Relating to allowable absences from the state for purposes of eligibility for permanent fund                            
02 dividends; and providing for an effective date.                                                                         
03                           _______________                                                                               
04    * Section 1. AS 43.23.008(a) is amended to read:                                                                   
05            (a)  Subject to (b) and (e) [(c)] of this section, an otherwise eligible individual                      
06       who is absent from the state during the qualifying year remains eligible for a current                            
07       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 or a United States national team for an Olympic sport;                                           
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 is amended by adding new subsections to read:                                               
14            (e)  After an individual has been absent from the state for more than 180 days                               
15       in each of the five preceding qualifying years, the department shall presume that the                             
16       individual is no longer a state resident. The individual may rebut this presumption by                            
17       providing clear and convincing evidence to the department that                                                    
18                 (1)  the individual was physically present in the state for at least 30                                 
19       cumulative days during the past five years; and                                                                   
20                 (2)  the individual is a state resident as defined in AS 43.23.095.                                     
21            (f)  To determine whether an individual intends to return and remain in the                                  
22       state indefinitely, the department shall consider all relevant factors, including                                 
23                 (1)  the length of time the individual was absent from the state                                        
24       compared to the length of time the individual was physically present in the state;                                
25                 (2)  the frequency and duration of voluntary return trips to the state                                  
26       during the past five years;                                                                                       
27                 (3)  whether the individual's intent to return to and remain in the state is                            
28       conditioned on future events beyond the individual's control;                                                     
29                 (4)  the ties the individual has established with the state or another                                  
30       jurisdiction, as demonstrated by                                                                                  
31                      (A)  maintenance of a home;                                                                        
01                      (B)  payment of resident taxes;                                                                    
02                      (C)  registration of a vehicle;                                                                    
03                      (D)  registration to vote and voting history;                                                      
04                      (E)  acquisition of a driver's license, business license, or                                       
05            professional license; and                                                                                    
06                      (F)  receipt of benefits under a claim of residency in the state or                                
07            another jurisdiction;                                                                                        
08                 (5)  the priority that the individual gave the state on an employment                                   
09       assignment preference list, including a list used by military personnel.                                          
10    * Sec. 3. AS 43.23.008(c) is repealed.                                                                             
11    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
12 read:                                                                                                                   
13       APPLICATION FOR THE 2013 PERMANENT FUND DIVIDEND FOR CERTAIN                                                      
14 INDIVIDUALS. (a) Notwithstanding the application deadline in AS 43.23.011, an individual                                
15 who was ineligible for a 2013 dividend under former AS 43.23.008(c), repealed by sec. 3 of                              
16 this Act, and who is otherwise eligible, may apply for the 2013 permanent fund dividend                                 
17 within 90 days after the effective date of this Act, regardless of whether the individual is                            
18 physically present in the state at the time of application.                                                             
19       (b)  The repeal of AS 43.23.008(c) by sec. 3 of this Act and the enactment of                                     
20 AS 43.23.008(e) by sec. 2 of this Act may not be applied to make ineligible any person                                  
21 otherwise eligible for a 2013 dividend under AS 43.23 as it read on December 31, 2012.                                  
22    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
23 read:                                                                                                                   
24       RETROACTIVITY. Sections 1 - 4 of this Act are retroactive to January 1, 2013.                                     
25    * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).                                                 
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