Alaska Statutes
Alaska Stat. § 43.23.005 (2026)
Eligibility
✓ current as of July 2026
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Sec. 43.23.005. Eligibility.
(a) An individual is eligible to receive one permanent fund dividend each year in an amount to be determined under AS 43.23.025 if the individual
(1) applies to the department;
(2) is a state resident on the date of application;
(3) was a state resident during the entire qualifying year;
(4) has been physically present in the state for at least 72 consecutive hours at some time during the prior two years before the current dividend year;
(5) is
(A) a citizen of the United States;
(B) an alien lawfully admitted for permanent residence in the United States;
(C) an alien with refugee status under federal law; or
(D) an alien that has been granted asylum under federal law;
(6) was, at all times during the qualifying year, physically present in the state or, if absent, was absent only as allowed in AS 43.23.008; and
(7) was in compliance during the qualifying year with the military selective service registration requirements imposed under 50 U.S.C. App. 453 (Military Selective Service Act), if those requirements were applicable to the individual, or has come into compliance after being notified of the lack of compliance.
(b) [Repealed, § 18 ch 4 SLA 1992.]
(c) A parent, guardian, or other authorized representative may claim a permanent fund dividend on behalf of an unemancipated minor or on behalf of a disabled or an incompetent individual who is eligible to receive a payment under this section. Notwithstanding (a)(2) — (4) of this section, a minor is eligible for a dividend if, during the two calendar years immediately preceding the current dividend year, the minor was born to or adopted by an individual who is eligible for a dividend for the current dividend year.
(d) Notwithstanding the provisions of (a) — (c) of this section, an individual is not eligible for a permanent fund dividend for a dividend year when
(1) during the qualifying year, the individual was sentenced as a result of conviction in this state of a felony;
(2) during all or part of the qualifying year, the individual was incarcerated as a result of the conviction in this state of a
(A) felony; or
(B) misdemeanor if the individual has been convicted of
(i) a prior felony as defined in AS 11.81.900; or
(ii) two or more prior misdemeanors as defined in AS 11.81.900.
(e) [Repealed, § 62 ch 21 SLA 1991.]
(f) The commissioner may waive the requirement of (a)(4) of this section for an individual absent from the state
(1) in a time of national military emergency under military orders while serving in the armed forces of the United States, or for the spouse and dependents of that individual; or
(2) while in the custody of the Department of Family and Community Services in accordance with a court order under AS 47.10 or AS 47.12 and placed outside of the state by the Department of Family and Community Services for purposes of medical or behavioral treatment.
(g) For purposes of applying (d)(1) of this section, the date the court imposes a sentence or suspends the imposition of sentence shall be treated as the date of conviction. For purposes of applying (d)(2)(B) of this section, multiple convictions arising out of a single criminal episode shall be treated as a single conviction.
(h) If an individual who would otherwise have been eligible for a permanent fund dividend dies after applying for the dividend but before the dividend is paid, the department shall pay the dividend to a personal representative of the estate or to a successor claiming personal property under AS 13.16.680. If an individual who would otherwise have been eligible for a dividend and who did not apply for the dividend dies during the application period, a personal representative of the estate or a successor claiming personal property under AS 13.16.680 may apply for and receive the dividend. If an individual who received a dividend for the year immediately before the qualifying year and who would otherwise have been eligible for a dividend dies during the qualifying year after having been a state resident for at least 180 days immediately before the date of death, notwithstanding (a)(1) — (3) and (a)(6) of this section, a personal representative of the estate or a successor claiming personal property under AS 13.16.680 may apply for and receive the dividend. Notwithstanding AS 43.23.011, an application for a dividend may be filed by the personal representative or the successor under this subsection at any time before the end of the application period for the next dividend year.
(a) An individual is eligible to receive one permanent fund dividend each year in an amount to be determined under AS 43.23.025 if the individual
(1) applies to the department;
(2) is a state resident on the date of application;
(3) was a state resident during the entire qualifying year;
(4) has been physically present in the state for at least 72 consecutive hours at some time during the prior two years before the current dividend year;
(5) is
(A) a citizen of the United States;
(B) an alien lawfully admitted for permanent residence in the United States;
(C) an alien with refugee status under federal law; or
(D) an alien that has been granted asylum under federal law;
(6) was, at all times during the qualifying year, physically present in the state or, if absent, was absent only as allowed in AS 43.23.008; and
(7) was in compliance during the qualifying year with the military selective service registration requirements imposed under 50 U.S.C. App. 453 (Military Selective Service Act), if those requirements were applicable to the individual, or has come into compliance after being notified of the lack of compliance.
(b) [Repealed, § 18 ch 4 SLA 1992.]
(c) A parent, guardian, or other authorized representative may claim a permanent fund dividend on behalf of an unemancipated minor or on behalf of a disabled or an incompetent individual who is eligible to receive a payment under this section. Notwithstanding (a)(2) — (4) of this section, a minor is eligible for a dividend if, during the two calendar years immediately preceding the current dividend year, the minor was born to or adopted by an individual who is eligible for a dividend for the current dividend year.
(d) Notwithstanding the provisions of (a) — (c) of this section, an individual is not eligible for a permanent fund dividend for a dividend year when
(1) during the qualifying year, the individual was sentenced as a result of conviction in this state of a felony;
(2) during all or part of the qualifying year, the individual was incarcerated as a result of the conviction in this state of a
(A) felony; or
(B) misdemeanor if the individual has been convicted of
(i) a prior felony as defined in AS 11.81.900; or
(ii) two or more prior misdemeanors as defined in AS 11.81.900.
(e) [Repealed, § 62 ch 21 SLA 1991.]
(f) The commissioner may waive the requirement of (a)(4) of this section for an individual absent from the state
(1) in a time of national military emergency under military orders while serving in the armed forces of the United States, or for the spouse and dependents of that individual; or
(2) while in the custody of the Department of Family and Community Services in accordance with a court order under AS 47.10 or AS 47.12 and placed outside of the state by the Department of Family and Community Services for purposes of medical or behavioral treatment.
(g) For purposes of applying (d)(1) of this section, the date the court imposes a sentence or suspends the imposition of sentence shall be treated as the date of conviction. For purposes of applying (d)(2)(B) of this section, multiple convictions arising out of a single criminal episode shall be treated as a single conviction.
(h) If an individual who would otherwise have been eligible for a permanent fund dividend dies after applying for the dividend but before the dividend is paid, the department shall pay the dividend to a personal representative of the estate or to a successor claiming personal property under AS 13.16.680. If an individual who would otherwise have been eligible for a dividend and who did not apply for the dividend dies during the application period, a personal representative of the estate or a successor claiming personal property under AS 13.16.680 may apply for and receive the dividend. If an individual who received a dividend for the year immediately before the qualifying year and who would otherwise have been eligible for a dividend dies during the qualifying year after having been a state resident for at least 180 days immediately before the date of death, notwithstanding (a)(1) — (3) and (a)(6) of this section, a personal representative of the estate or a successor claiming personal property under AS 13.16.680 may apply for and receive the dividend. Notwithstanding AS 43.23.011, an application for a dividend may be filed by the personal representative or the successor under this subsection at any time before the end of the application period for the next dividend year.
Notes of Decisions
Cited in 32
cases (2 in the last 5 years), 1985–2021 · leading case: State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001).
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “See AS 43.23.005 (providing that state residency is required for permanent fund dividend eligibility); AS 01.”
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Cosio, 858 P.2d 621 (Alaska 1993). “By regulation, the commissioner has also extended eligibility to those aliens who have been granted "conditional resident status.”
State v. Anthony, 810 P.2d 155 (Alaska 1991). “The issue in this appeal is whether AS 43.23.005(d), 1 which prohibits certain felons from collecting permanent fund dividends, violates the equal protection clause of the United States Constitution and/or the Alaska Constitution.”
Heller v. State, Dep't of Revenue, 314 P.3d 69 (Alaska 2013). “008 are exceptions to the “physically present” requirement of AS 43.23.005. And the specific language of subsection (b) makes clear that the requirement set out in this subsection concerns physical presence, which, in this case, serves as an important indicator of intent to…”
Jones v. State, Dep't of Revenue, 441 P.3d 966 (Alaska 2019). “The Division, citing AS 43.23.005(a) 12 and *971 15 AAC 23.143(b), 13 stated that Jones "did not return to Alaska to remain indefinitely and re-establish his residency for PFD purposes until November 29, 2014, too late to qualify for the 2015 dividend.”
Harrod v. State, Dept. of Revenue, 255 P.3d 991 (Alaska 2011). “AS 43.23.008. 26 . AS 43.23.008(a)(3) and (9).”
State v. Anthony, 816 P.2d 1377 (Alaska 1991). “The mere fact that AS 43.23.005(d) alters a convicted felon’s circumstances to his or her disadvantage does not in itself invalidate the statute as ex post facto.”
Handley v. State, Dep't of Revenue, 838 P.2d 1231 (Alaska 1992). “AS 43.23.005(d) (amended in 1988). C. DOR DID NOT BREACH ITS DUTY TO ASSIST AND INFORM HANDLEY.”
Underwood v. State, 881 P.2d 322 (Alaska 1994). “On March 31, 1992, Governor Hickel signed Chapter 4, section 4, SLA 1992, which amended AS 43.23.005 by changing the eligibility requirements for a PFD to coincide with the calendar year.”
Lee v. Cox, 790 P.2d 1359 (Alaska 1990). “13 (Alaska 1976) (enumerating among those "parental rights" protected by the constitution "the right to control and manage" a minor child's earnings and property); see also AS 43.23.005(c) (parent, guardian or authorized representative may claim permanent fund on behalf of a…”
Wielechowski v. State, 403 P.3d 1141 (Alaska 2017). “025(a)(l)-(3); see AS 43.23.005 (generally defining as eligible all Alaskans who have been "a state resident during the entire qualifying year," with certain exceptions).”
State v. Albert, 899 P.2d 103 (Alaska 1995). “4 AS 43.23.005. Recently the dividend has been in excess of $900.”
— Alaska Stat. § 43.23.005(1) — 1 case
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Cosio, 858 P.2d 621 (Alaska 1993). “By regulation, the commissioner has also extended eligibility to those aliens who have been granted "conditional resident status.”
— Alaska Stat. § 43.23.005(a) — 6 cases
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “See AS 43.23.005 (providing that state residency is required for permanent fund dividend eligibility); AS 01.”
Jones v. State, Dep't of Revenue, 441 P.3d 966 (Alaska 2019). “The Division, citing AS 43.23.005(a) 12 and *971 15 AAC 23.143(b), 13 stated that Jones "did not return to Alaska to remain indefinitely and re-establish his residency for PFD purposes until November 29, 2014, too late to qualify for the 2015 dividend.”
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Cosio, 858 P.2d 621 (Alaska 1993). “By regulation, the commissioner has also extended eligibility to those aliens who have been granted "conditional resident status.”
Underwood v. State, 881 P.2d 322 (Alaska 1994). “On March 31, 1992, Governor Hickel signed Chapter 4, section 4, SLA 1992, which amended AS 43.23.005 by changing the eligibility requirements for a PFD to coincide with the calendar year.”
Harrod v. State, Dept. of Revenue, 255 P.3d 991 (Alaska 2011). “AS 43.23.008. 26 . AS 43.23.008(a)(3) and (9).”
— Alaska Stat. § 43.23.005(a)(1) — 5 cases
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Cosio, 858 P.2d 621 (Alaska 1993). “By regulation, the commissioner has also extended eligibility to those aliens who have been granted "conditional resident status.”
Heller v. State, Dep't of Revenue, 314 P.3d 69 (Alaska 2013). “008 are exceptions to the “physically present” requirement of AS 43.23.005. And the specific language of subsection (b) makes clear that the requirement set out in this subsection concerns physical presence, which, in this case, serves as an important indicator of intent to…”
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “See AS 43.23.005 (providing that state residency is required for permanent fund dividend eligibility); AS 01.”
Harrod v. State, Dept. of Revenue, 255 P.3d 991 (Alaska 2011). “AS 43.23.008. 26 . AS 43.23.008(a)(3) and (9).”
Jones v. State, Dep't of Revenue, 441 P.3d 966 (Alaska 2019). “The Division, citing AS 43.23.005(a) 12 and *971 15 AAC 23.143(b), 13 stated that Jones "did not return to Alaska to remain indefinitely and re-establish his residency for PFD purposes until November 29, 2014, too late to qualify for the 2015 dividend.”
— Alaska Stat. § 43.23.005(a)(2) — 5 cases
Harrod v. State, Dept. of Revenue, 255 P.3d 991 (Alaska 2011). “AS 43.23.008. 26 . AS 43.23.008(a)(3) and (9).”
Underwood v. State, 881 P.2d 322 (Alaska 1994). “On March 31, 1992, Governor Hickel signed Chapter 4, section 4, SLA 1992, which amended AS 43.23.005 by changing the eligibility requirements for a PFD to coincide with the calendar year.”
Jones v. State, Dep't of Revenue, 441 P.3d 966 (Alaska 2019). “The Division, citing AS 43.23.005(a) 12 and *971 15 AAC 23.143(b), 13 stated that Jones "did not return to Alaska to remain indefinitely and re-establish his residency for PFD purposes until November 29, 2014, too late to qualify for the 2015 dividend.”
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Bradley, 896 P.2d 237 (Alaska 1995).
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Wilder, 929 P.2d 1280 (Alaska 1997).
— Alaska Stat. § 43.23.005(a)(3) — 7 cases
Jones v. State, Dep't of Revenue, 441 P.3d 966 (Alaska 2019). “The Division, citing AS 43.23.005(a) 12 and *971 15 AAC 23.143(b), 13 stated that Jones "did not return to Alaska to remain indefinitely and re-establish his residency for PFD purposes until November 29, 2014, too late to qualify for the 2015 dividend.”
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “See AS 43.23.005 (providing that state residency is required for permanent fund dividend eligibility); AS 01.”
Harrod v. State, Dept. of Revenue, 255 P.3d 991 (Alaska 2011). “AS 43.23.008. 26 . AS 43.23.008(a)(3) and (9).”
Eagle v. State, Dep't of Revenue, 153 P.3d 976 (Alaska 2007).
Underwood v. State, 881 P.2d 322 (Alaska 1994). “On March 31, 1992, Governor Hickel signed Chapter 4, section 4, SLA 1992, which amended AS 43.23.005 by changing the eligibility requirements for a PFD to coincide with the calendar year.”
— Alaska Stat. § 43.23.005(a)(4) — 5 cases
Heller v. State, Dep't of Revenue, 314 P.3d 69 (Alaska 2013). “008 are exceptions to the “physically present” requirement of AS 43.23.005. And the specific language of subsection (b) makes clear that the requirement set out in this subsection concerns physical presence, which, in this case, serves as an important indicator of intent to…”
Harrod v. State, Dept. of Revenue, 255 P.3d 991 (Alaska 2011). “AS 43.23.008. 26 . AS 43.23.008(a)(3) and (9).”
Berry v. Coulman, 440 P.3d 264 (Alaska 2019).
Jones v. State, Dep't of Revenue, 441 P.3d 966 (Alaska 2019). “The Division, citing AS 43.23.005(a) 12 and *971 15 AAC 23.143(b), 13 stated that Jones "did not return to Alaska to remain indefinitely and re-establish his residency for PFD purposes until November 29, 2014, too late to qualify for the 2015 dividend.”
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Wilder, 929 P.2d 1280 (Alaska 1997).
— Alaska Stat. § 43.23.005(a)(5) — 1 case
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “See AS 43.23.005 (providing that state residency is required for permanent fund dividend eligibility); AS 01.”
— Alaska Stat. § 43.23.005(a)(5)(B) — 1 case
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “See AS 43.23.005 (providing that state residency is required for permanent fund dividend eligibility); AS 01.”
— Alaska Stat. § 43.23.005(a)(5)(C) — 1 case
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “See AS 43.23.005 (providing that state residency is required for permanent fund dividend eligibility); AS 01.”
— Alaska Stat. § 43.23.005(a)(5)(D) — 2 cases
State, Dep't of Revenue, Permanent Fund Dividend Div. v. Cosio, 858 P.2d 621 (Alaska 1993). “By regulation, the commissioner has also extended eligibility to those aliens who have been granted "conditional resident status.”
State, Dep't of Revenue v. Andrade, 23 P.3d 58 (Alaska 2001). “See AS 43.23.005 (providing that state residency is required for permanent fund dividend eligibility); AS 01.”
— Alaska Stat. § 43.23.005(a)(6) — 2 cases
Heller v. State, Dep't of Revenue, 314 P.3d 69 (Alaska 2013). “008 are exceptions to the “physically present” requirement of AS 43.23.005. And the specific language of subsection (b) makes clear that the requirement set out in this subsection concerns physical presence, which, in this case, serves as an important indicator of intent to…”
Markham v. Kodiak Island Borough Bd. of Equal., 441 P.3d 943 (Alaska 2019).
— Alaska Stat. § 43.23.005(c) — 4 cases
Lee v. Cox, 790 P.2d 1359 (Alaska 1990). “13 (Alaska 1976) (enumerating among those "parental rights" protected by the constitution "the right to control and manage" a minor child's earnings and property); see also AS 43.23.005(c) (parent, guardian or authorized representative may claim permanent fund on behalf of a…”
Tea ex rel. A.T., 278 P.3d 1262 (Alaska 2012).
Karen Chichenoff f/k/a Karen Blondin v. Bradford Blondin (Alaska 2021).
Barbara Tagaban v. Edward Tagaban (Alaska 2018).
— Alaska Stat. § 43.23.005(d) — 7 cases
State v. Anthony, 810 P.2d 155 (Alaska 1991). “The issue in this appeal is whether AS 43.23.005(d), 1 which prohibits certain felons from collecting permanent fund dividends, violates the equal protection clause of the United States Constitution and/or the Alaska Constitution.”
State v. Anthony, 816 P.2d 1377 (Alaska 1991). “The mere fact that AS 43.23.005(d) alters a convicted felon’s circumstances to his or her disadvantage does not in itself invalidate the statute as ex post facto.”
Handley v. State, Dep't of Revenue, 838 P.2d 1231 (Alaska 1992). “AS 43.23.005(d) (amended in 1988). C. DOR DID NOT BREACH ITS DUTY TO ASSIST AND INFORM HANDLEY.”
State v. Albert, 899 P.2d 103 (Alaska 1995). “4 AS 43.23.005. Recently the dividend has been in excess of $900.”
Ross v. State, Dep't of Revenue, 292 P.3d 906 (Alaska 2012).
— Alaska Stat. § 43.23.005(d)(2) — 1 case
Barber v. State, Dep't of Corr., 314 P.3d 58 (Alaska 2013).
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