00CS FOR HOUSE BILL NO. 545(STA)                                                                                          
01 "An Act relating to the cost-of-living differential for certain public employees                                        
02 residing in the state and the establishment of criteria for determining eligibility                                     
03 for the 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 this Act is to                                         
06 affirm the interpretation and practice of the state with regard to the use of criteria similar to                       
07 the criteria in the permanent fund dividend program for determining the establishment and                               
08 maintenance of state residency for eligibility for the cost-of-living differential under                                
09 AS 23.40.210.  It is also the intent of the legislature to provide express statutory authority to                       
10 the state to establish or clarify those standards through adoption of regulations by the                                
11 Department of Administration.                                                                                           
12    * Sec. 2.  AS 23.40.210 is amended by adding new subsections to read:                                                
13  (b)  An employee is eligible for the cost-of-living differential under (a) of this                                    
14 section only if the individual is a state resident.  The required presence of an employee                               

01 at a work station where room and board are provided or reimbursed by the employer                                       
02 may not be considered to be physical presence in the state or physical absence from                                     
03 the state for purposes of determining eligibility for the cost-of-living differential.                                  
04  (c)  The commissioner of administration may adopt regulations under AS 44.62                                          
05 (Administrative Procedure Act) to clarify and implement the criteria for establishing                                   
06 and maintaining eligibility for the cost-of-living differential.                                                        
07  (d)  An agreement entered into under AS 23.40.070 - 23.40.260 must require                                            
08 compliance with the eligibility criteria for receiving the cost-of-living differential                                  
09 contained in this section and the regulations adopted by the commissioner under (c)                                     
10 of this section.                                                                                                        
11  (e)  In this section, "state resident" means an individual who is physically                                          
12 present in the state with the intent to remain permanently in the state under the                                       
13 requirements of AS 01.10.055 or, if the individual is not physically present in the state,                              
14 intends to return to the state and remain permanently in the state under the                                            
15 requirements of AS 01.10.055, and is absent only temporarily for any of the following                                   
16 reasons:                                                                                                                
17   (1)  vocational, professional, or other specific education for which a                                               
18 comparable program was not reasonably available in the state;                                                           
19   (2)  secondary or postsecondary education;                                                                           
20   (3)  military service;                                                                                               
21   (4)  medical treatment;                                                                                              
22   (5)  other reasons that the commissioner of administration may establish                                             
23 by regulation.                                                                                                          
24    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).