00HOUSE BILL NO. 545                                                                                                      
01 "An Act relating to the cost-of-living differential for certain public employees                                        
02 residing in the state and the criteria for determining eligibility for the                                              
03 differential; and providing for an effective date."                                                                     
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  PURPOSE AND LEGISLATIVE INTENT.  The purpose of the amendment                                          
06 to AS 23.40.210 in sec. 2 of this Act is to affirm the interpretation and practice of the state                         
07 with regard to the use of criteria similar to the criteria in the permanent fund dividend                               
08 program for determining the establishment and maintenance of state residency for eligibility                            
09 for the cost-of-living differential under AS 23.40.210.  It also is the intent of the legislature                       
10 to provide express statutory authority to the state to establish or clarify those standards through                     
11 adoption of regulations by the Department of Administration.                                                            
12    * Sec. 2.  AS 23.40.210 is amended by adding a new subsection to read:                                               
13  (b)  The Department of Administration may adopt regulations under AS 44.62                                            
14 (Administrative Procedure Act) to establish or clarify the criteria for determining                                     

01 eligibility for the cost-of-living differential required under (a) of this section.  Until the                          
02 Department of Administration adopts regulations and the regulations take effect,                                        
03 eligibility for the cost-of-living differential paid to employees residing in the state shall                           
04 be determined by using the definition of "state resident" for the permanent fund                                        
05 dividend program contained in AS 43.23.095 and the regulations adopted under                                            
06 AS 43.23 for establishing and maintaining state residency.   In determining an                                          
07 employee's eligibility for the cost-of-living differential, a public employer may require                               
08 the public employee to provide, on a periodic or other basis, relevant information and                                  
09 documentation relating to that determination.                                                                           
10    *  Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).