AK
Alaska House Bill HB75

Alaska 2025-2026 Regular Session

Alaska House Bill HB75 Compare Versions

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2-HB0075b -1- CSHB 75(STA)
2+HB0075a -1- HB 75
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10-CS FOR HOUSE BILL NO. 75(STA)
10+
11+ HOUSE BILL NO. 75
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1516
16-BY THE HOUSE STATE AFFAIRS COMMITTEE
17+BY REPRESENTATIVE BYNUM
1718
18-Offered: 2/28/25
19-Referred: Labor and Commerce
19+Introduced: 1/31/25
20+Referred: State Affairs, Labor and Commerce
2021
21-Sponsor(s): REPRESENTATIVES BYNUM, Holland
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to national criminal history record checks for certain employees of the 1
2728 Department of Revenue; relating to allowable absences for eligibility for a permanent 2
2829 fund dividend; relating to the confidentiality of certain information provided on a 3
2930 permanent fund dividend application; relating to electronic notice of debt collection 4
3031 executed on a permanent fund dividend; and providing for an effective date." 5
3132 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
3233 * Section 1. AS 12.62.400(c) is amended to read: 7
3334 (c) To obtain a national criminal history record check for determining a 8
3435 current or prospective employee's qualifications under AS 39.90.210, a current or
3536 9
3637 prospective employee's qualifications and suitability to administer the permanent 10
3738 fund dividend program under AS 43.23, or a contractor's qualifications under 11
3839 AS 36.30.960, the agency or the procurement officer shall submit the current or 12
39-prospective employee's or contractor's fingerprints to the department with the fee 13 34-LS0475\I
40-CSHB 75(STA) -2- HB0075b
40+prospective employee's or contractor's fingerprints to the department with the fee 13 34-LS0475\N
41+HB 75 -2- HB0075a
4142 New Text Underlined [DELETED TEXT BRACKETED]
4243
4344 established by AS 12.62.160. The department shall submit the fingerprints to the 1
4445 Federal Bureau of Investigation to obtain a national criminal history record check of 2
4546 the current or prospective employee or contractor for the purpose of evaluating a 3
4647 person's qualifications under AS 36.30.960, [AND] AS 39.90.210, or AS 43.23, as 4
4748 applicable. In this subsection, unless the context otherwise requires, 5
4849 (1) "agency" has the meaning given in AS 39.90.290; 6
4950 (2) "contractor" has the meaning given in AS 36.30.960; 7
5051 (3) "employee" has the meaning given in AS 39.90.290. 8
5152 * Sec. 2. AS 43.23.008(a) is amended to read: 9
5253 (a) Subject to (b) and (d) of this section, an otherwise eligible individual who 10
5354 is absent from the state during the qualifying year remains eligible for a current year 11
5455 permanent fund dividend if the individual was absent 12
5556 (1) receiving secondary or postsecondary education on a full-time 13
5657 basis; on a break or holiday from a secondary or postsecondary educational 14
5758 institution during an academic year, not including summer break, if the 15
5859 individual is enrolled in and attends the educational institution on a full-time 16
5960 basis before and after the break or holiday; or in an orientation program 17
6061 required as a condition of the secondary or postsecondary education and the 18
6162 individual immediately begins the education on a full-time basis after the 19
6263 completion of the orientation; 20
6364 (2) receiving vocational, professional, or other specific education on a 21
6465 full-time basis for which, as determined by the Alaska Commission on Postsecondary 22
6566 Education, a comparable program is not reasonably available in the state; on a break 23
6667 or holiday from the vocational, professional, or other specific training, not 24
6768 including summer break, if the individual is enrolled in and attends the training 25
6869 on a full-time basis before and after the break or holiday; or in an orientation 26
6970 program required as a condition of the vocational, professional, or other specific 27
7071 training and the individual immediately begins the training on a full-time basis 28
7172 after the completion of the orientation; 29
72-(3) serving on active duty as a member of the uniformed services 30
73-[ARMED FORCES] of the United States or accompanying, as that individual's 31 34-LS0475\I
74-HB0075b -3- CSHB 75(STA)
73+(3) serving on active duty as a member of the armed forces of the 30
74+United States or accompanying, as that individual's spouse, minor dependent, or 31 34-LS0475\N
75+HB0075a -3- HB 75
7576 New Text Underlined [DELETED TEXT BRACKETED]
7677
77-spouse, minor dependent, or disabled dependent, an individual who is 1
78-(A) serving on active duty as a member of the uniformed 2
79-services [ARMED FORCES] of the United States; and 3
78+disabled dependent, an individual who is 1
79+(A) serving on active duty as a member of the armed forces of 2
80+the United States; and 3
8081 (B) eligible for a current year dividend; 4
8182 (4) serving under foreign or coastal articles of employment aboard an 5
8283 oceangoing vessel of the United States merchant marine or attending a vocational 6
8384 program that 7
8485 (A) trains students for a career in the United States 8
8586 merchant marine; 9
8687 (B) provides seagoing service that meets the requirements 10
8788 of the United States Coast Guard for United States merchant marine 11
8889 credentialing; and 12
8990 (C) is approved by the United States Coast Guard; 13
9091 (5) receiving continuous medical treatment recommended by a 14
9192 licensed physician or convalescing as recommended by the physician who treated the 15
9293 illness if the treatment or convalescence is not based on a need for climatic change; 16
9394 (6) providing care for a parent, spouse, sibling, child, or stepchild with 17
9495 a critical life-threatening illness whose treatment plan, as recommended by the 18
9596 attending physician, requires travel outside the state for treatment at a medical 19
9697 specialty complex; 20
9798 (7) providing care for the individual's terminally ill family member; 21
9899 (8) settling the estate of the individual's deceased parent, spouse, 22
99100 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 23
100101 (9) serving as a member of the United States Congress; 24
101102 (10) serving on the staff of a member from this state of the United 25
102103 States Congress; 26
103104 (11) serving as an employee of the state in a field office or other 27
104105 location; 28
105106 (12) accompanying a minor who is absent under (5) of this subsection; 29
106107 (13) accompanying another eligible resident who is absent for a reason 30
107-permitted under (1), (2), (5) - (12), (16), or (17) of this subsection as the spouse, minor 31 34-LS0475\I
108-CSHB 75(STA) -4- HB0075b
108+permitted under (1), (2), (5) - (12), (16), or (17) of this subsection as the spouse, minor 31 34-LS0475\N
109+HB 75 -4- HB0075a
109110 New Text Underlined [DELETED TEXT BRACKETED]
110111
111112 dependent, or disabled dependent of the eligible resident; 1
112113 (14) serving as a volunteer in the federal peace corps program; 2
113114 (15) because of training or competing as a member of the United States 3
114115 Olympic Team or a United States national team for an Olympic sport; 4
115116 (16) participating for educational purposes in a student fellowship 5
116117 sponsored by the United States Department of Education or by the United States 6
117118 Department of State; 7
118119 (17) for any reason consistent with the individual's intent to remain a 8
119120 state resident, provided the absence or cumulative absences do not exceed 9
120121 (A) 180 days in addition to any absence or cumulative absences 10
121122 claimed 11
122123 (i) under (3) of this subsection if the individual is not 12
123124 claiming an absence under (1), (2), or (4) - (16) of this subsection; or 13
124125 (ii) under (5) of this subsection if the individual is 14
125126 not claiming an absence under (1) - (4) or (6) - (16) of this 15
126127 subsection; 16
127128 (B) 120 days in addition to any absence or cumulative absences 17
128129 claimed under (1) - (3) of this subsection if the individual is not claiming an 18
129130 absence under (4) - (16) of this subsection but is claiming an absence under (1) 19
130131 or (2) of this subsection; or 20
131132 (C) 45 days in addition to any absence or cumulative absences 21
132133 claimed under (1) - (16) of this subsection if the individual is claiming an 22
133134 absence under (4) - (16) of this subsection. 23
134- * Sec. 3. AS 43.23.008(f) is amended to read: 24
135-(f) In [FOR PURPOSES OF (a)(7) OF] this section, 25
136-(1) "family member" means a person who is 26
137-(A) [(1)] legally related to the individual through marriage or 27
138-guardianship; or 28
139-(B) [(2)] the individual's sibling, parent, grandparent, son, 29
140-daughter, grandson, granddaughter, uncle, aunt, niece, nephew, or first cousin; 30
141-(2) "uniformed service" means the Army, Navy, Air Force, Marine 31 34-LS0475\I
142-HB0075b -5- CSHB 75(STA)
135+ * Sec. 3. AS 43.23.055 is amended to read: 24
136+Sec. 43.23.055. Duties of the department. The department shall 25
137+(1) annually pay permanent fund dividends from the dividend fund; 26
138+(2) subject to AS 43.23.011 and (8) of this section, adopt regulations 27
139+under AS 44.62 (Administrative Procedure Act) that establish procedures and time 28
140+limits for claiming a permanent fund dividend; the department shall determine the 29
141+number of eligible applicants by October 1 of the year for which the dividend is 30
142+declared and pay the dividends by December 31 of that year; 31 34-LS0475\N
143+HB0075a -5- HB 75
143144 New Text Underlined [DELETED TEXT BRACKETED]
144145
145-Corps, Coast Guard, Space Force, and the Commissioned Corps of the National 1
146-Oceanic and Atmospheric Administration and Public Health Services. 2
147- * Sec. 4. AS 43.23.055 is amended to read: 3
148-Sec. 43.23.055. Duties of the department. The department shall 4
149-(1) annually pay permanent fund dividends from the dividend fund; 5
150-(2) subject to AS 43.23.011 and (8) of this section, adopt regulations 6
151-under AS 44.62 (Administrative Procedure Act) that establish procedures and time 7
152-limits for claiming a permanent fund dividend; the department shall determine the 8
153-number of eligible applicants by October 1 of the year for which the dividend is 9
154-declared and pay the dividends by December 31 of that year; 10
155-(3) adopt regulations under AS 44.62 (Administrative Procedure Act) 11
156-that establish procedures and time limits for an individual upon emancipation or upon 12
157-reaching majority to apply for permanent fund dividends not received during minority 13
158-because the parent, guardian, or other authorized representative did not apply on 14
159-behalf of the individual; 15
160-(4) assist residents of the state, particularly in rural areas, who, because 16
161-of language, disability, or inaccessibility to public transportation, need assistance to 17
162-establish eligibility and to apply for permanent fund dividends; 18
163-(5) use a list of individuals ineligible for a dividend under 19
164-AS 43.23.005(d) provided annually by the Department of Corrections and the 20
165-Department of Public Safety to determine the number and identity of those 21
166-individuals; 22
167-(6) adopt regulations that are necessary to implement AS 43.23.005(d) 23
168-and 43.23.048; 24
169-(7) adopt regulations that establish procedures for the parent, guardian, 25
170-or other authorized representative of a disabled individual to apply for prior year 26
171-permanent fund dividends not received by the disabled individual because no 27
172-application was submitted on behalf of the individual; 28
173-(8) adopt regulations that establish procedures for an individual to 29
174-apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 30
175-collected within two years after the date of its issuance; however, the department may 31 34-LS0475\I
176-CSHB 75(STA) -6- HB0075b
146+(3) adopt regulations under AS 44.62 (Administrative Procedure Act) 1
147+that establish procedures and time limits for an individual upon emancipation or upon 2
148+reaching majority to apply for permanent fund dividends not received during minority 3
149+because the parent, guardian, or other authorized representative did not apply on 4
150+behalf of the individual; 5
151+(4) assist residents of the state, particularly in rural areas, who, because 6
152+of language, disability, or inaccessibility to public transportation, need assistance to 7
153+establish eligibility and to apply for permanent fund dividends; 8
154+(5) use a list of individuals ineligible for a dividend under 9
155+AS 43.23.005(d) provided annually by the Department of Corrections and the 10
156+Department of Public Safety to determine the number and identity of those 11
157+individuals; 12
158+(6) adopt regulations that are necessary to implement AS 43.23.005(d) 13
159+and 43.23.048; 14
160+(7) adopt regulations that establish procedures for the parent, guardian, 15
161+or other authorized representative of a disabled individual to apply for prior year 16
162+permanent fund dividends not received by the disabled individual because no 17
163+application was submitted on behalf of the individual; 18
164+(8) adopt regulations that establish procedures for an individual to 19
165+apply to have a dividend disbursement under AS 37.25.050(a)(2) reissued if it is not 20
166+collected within two years after the date of its issuance; however, the department may 21
167+not establish a time limit within which an application to have a disbursement reissued 22
168+must be filed; 23
169+(9) provide any information, upon request, contained in permanent 24
170+fund dividend records to the child support services agency created in AS 25.27.010, or 25
171+the child support enforcement agency of another state, for child support purposes 26
172+authorized under law; if the information is contained in an electronic data base, the 27
173+department shall provide the requesting agency with either 28
174+(A) access to the data base; or 29
175+(B) a copy of the information in the data base and a statement 30
176+certifying its contents; 31 34-LS0475\N
177+HB 75 -6- HB0075a
177178 New Text Underlined [DELETED TEXT BRACKETED]
178179
179-not establish a time limit within which an application to have a disbursement reissued 1
180-must be filed; 2
181-(9) provide any information, upon request, contained in permanent 3
182-fund dividend records to the child support services agency created in AS 25.27.010, or 4
183-the child support enforcement agency of another state, for child support purposes 5
184-authorized under law; if the information is contained in an electronic data base, the 6
185-department shall provide the requesting agency with either 7
186-(A) access to the data base; or 8
187-(B) a copy of the information in the data base and a statement 9
188-certifying its contents; 10
189-(10) establish a fraud investigation unit for the purpose of assisting the 11
190-(A) Department of Law in the prosecution of individuals who 12
191-apply for or obtain a permanent fund dividend in violation of a provision in 13
192-AS 11, by detecting and investigating those crimes; and 14
193-(B) commissioner to detect and investigate the claiming or 15
194-paying of permanent fund dividends that should not have been claimed by or 16
195-paid to an individual and to impose the penalties and enforcement provisions 17
196-under AS 43.23.270; 18
197-(11) adopt regulations under AS 44.62 (Administrative Procedure Act) 19
198-so that contributions under AS 43.23.130 are given a priority over donations under 20
199-AS 43.23.230 if the total amount of contributions and donations elected by an 21
200-applicant exceeds the amount of the permanent fund dividend that the applicant is 22
201-entitled to receive; 23
202-(12) submit fingerprints and fees to the Department of Public 24
203-Safety for a national criminal history record check under AS 12.62.400 for the 25
204-purpose of determining a person's qualifications and suitability for administering 26
205-the permanent fund dividend program under this chapter. 27
206- * Sec. 5. AS 43.23.110(a) is amended to read: 28
207-(a) Except as provided in (c) of this section, information on each permanent 29
208-fund dividend application [, EXCEPT THE APPLICANT'S NAME,] is confidential. 30
209-The department may only release information that is confidential under this section 31 34-LS0475\I
210-HB0075b -7- CSHB 75(STA)
180+(10) establish a fraud investigation unit for the purpose of assisting the 1
181+(A) Department of Law in the prosecution of individuals who 2
182+apply for or obtain a permanent fund dividend in violation of a provision in 3
183+AS 11, by detecting and investigating those crimes; and 4
184+(B) commissioner to detect and investigate the claiming or 5
185+paying of permanent fund dividends that should not have been claimed by or 6
186+paid to an individual and to impose the penalties and enforcement provisions 7
187+under AS 43.23.270; 8
188+(11) adopt regulations under AS 44.62 (Administrative Procedure Act) 9
189+so that contributions under AS 43.23.130 are given a priority over donations under 10
190+AS 43.23.230 if the total amount of contributions and donations elected by an 11
191+applicant exceeds the amount of the permanent fund dividend that the applicant is 12
192+entitled to receive; 13
193+(12) submit fingerprints and fees to the Department of Public 14
194+Safety for a national criminal history record check under AS 12.62.400 for the 15
195+purpose of determining a person's qualifications and suitability for administering 16
196+the permanent fund dividend program under this chapter. 17
197+ * Sec. 4. AS 43.23.110(a) is amended to read: 18
198+(a) Except as provided in (c) of this section, information on each permanent 19
199+fund dividend application [, EXCEPT THE APPLICANT'S NAME,] is confidential. 20
200+The department may only release information that is confidential under this section 21
201+(1) to a local, state, or federal government agency; 22
202+(2) in compliance with a court order; 23
203+(3) to the individual who or agency that files an application on behalf 24
204+of another; 25
205+(4) to a banking institution to verify the direct deposit of a permanent 26
206+fund dividend or correct an error in that deposit; 27
207+(5) as directed to do so by the applicant; 28
208+(6) to a contractor who has a contract with a person entitled to obtain 29
209+the information under (1) - (5) of this section to receive, store, or manage the 30
210+information on that person's behalf; a contractor receiving data under this paragraph 31 34-LS0475\N
211+HB0075a -7- HB 75
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212213
213-(1) to a local, state, or federal government agency; 1
214-(2) in compliance with a court order; 2
215-(3) to the individual who or agency that files an application on behalf 3
216-of another; 4
217-(4) to a banking institution to verify the direct deposit of a permanent 5
218-fund dividend or correct an error in that deposit; 6
219-(5) as directed to do so by the applicant; 7
220-(6) to a contractor who has a contract with a person entitled to obtain 8
221-the information under (1) - (5) of this section to receive, store, or manage the 9
222-information on that person's behalf; a contractor receiving data under this paragraph 10
223-may only use the data as directed by and for the purposes of the person entitled to 11
224-obtain the information; 12
225-(7) to the division of elections as required by AS 43.23.101. 13
226- * Sec. 6. AS 43.23.140(d) is amended to read: 14
227-(d) An assignment of or levy, execution, garnishment, attachment, or other 15
228-remedy for the collection of debt applied to a dividend for a year may not be accepted 16
229-by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 do 17
230-not apply to a levy on a permanent fund dividend. Upon receipt of a writ of execution 18
231-under (a) of this section or another court order, the commissioner shall deliver to the 19
232-court that portion of the dividend executed on [UPON] along with the case name and 20
233-number. At the time payment is made to the court, the department shall send notice to 21
234-the court that issued the writ or order and to the individual at the address provided 22
235-in the individual's dividend application or the electronic mail address at which the 23
236-individual has consented to receive notices or documents in a verifiable manner, 24
237-as provided in regulations adopted by the department. The [AND TO THE 25
238-COURT THAT ISSUED THE WRIT OR ORDER A] notice must contain [THAT 26
239-CONTAINS] 27
240-(1) notification that all or part of the individual's dividend has been 28
241-seized under a writ of execution or court order; 29
242-(2) the name and address of the court that issued the writ or order; 30
243-(3) the case number for which the writ or order was issued; 31 34-LS0475\I
244-CSHB 75(STA) -8- HB0075b
245- New Text Underlined [DELETED TEXT BRACKETED]
246-
247-(4) the amount seized under the writ or order; and 1
248-(5) notification that the individual has 30 days from the date the notice 2
249-is mailed in which to file with the court an objection to the seizure if a mistake has 3
250-been made. 4
251- * Sec. 7. This Act takes effect January 1, 2026. 5
214+may only use the data as directed by and for the purposes of the person entitled to 1
215+obtain the information; 2
216+(7) to the division of elections as required by AS 43.23.101. 3
217+ * Sec. 5. AS 43.23.140(d) is amended to read: 4
218+(d) An assignment of or levy, execution, garnishment, attachment, or other 5
219+remedy for the collection of debt applied to a dividend for a year may not be accepted 6
220+by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 do 7
221+not apply to a levy on a permanent fund dividend. Upon receipt of a writ of execution 8
222+under (a) of this section or another court order, the commissioner shall deliver to the 9
223+court that portion of the dividend executed on [UPON] along with the case name and 10
224+number. At the time payment is made to the court, the department shall send notice to 11
225+the court that issued the writ or order and to the individual at the address provided 12
226+in the individual's dividend application or the electronic mail address at which the 13
227+individual has consented to receive notices or documents in a verifiable manner, 14
228+as provided in regulations adopted by the department. The [AND TO THE 15
229+COURT THAT ISSUED THE WRIT OR ORDER A] notice must contain [THAT 16
230+CONTAINS] 17
231+(1) notification that all or part of the individual's dividend has been 18
232+seized under a writ of execution or court order; 19
233+(2) the name and address of the court that issued the writ or order; 20
234+(3) the case number for which the writ or order was issued; 21
235+(4) the amount seized under the writ or order; and 22
236+(5) notification that the individual has 30 days from the date the notice 23
237+is mailed in which to file with the court an objection to the seizure if a mistake has 24
238+been made. 25
239+ * Sec. 6. This Act takes effect January 1, 2026. 26