00                            SENATE BILL NO. 220                                                                         
01 "An Act relating to a residency requirement for permanent full-time state employees in                                  
02 the classified, exempt, or partially exempt service; relating to allowable absences for                                 
03 permanent fund dividend eligibility; and providing for an effective date."                                              
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 39.25 is amended by adding new sections to read:                                                   
06            Sec. 39.25.025. State residency required. (a) Only a resident may hold a                                   
07       position as a permanent full-time employee in state service.                                                      
08            (b)  Nothing in this section impairs a nonresident's eligibility to apply for or be                          
09       recruited, considered, or hired for a position in state service.                                                  
10            (c)  In this section, "state service" means the classified, exempt, or partially                             
11       exempt service.                                                                                                   
12 Sec. 39.25.027. Termination of nonresident employees. (a) The director of                                             
13 personnel shall annually determine whether each permanent full-time employee                                            
14 employed by the state during the entire previous calendar year is a resident eligible to                                

01 receive a permanent fund dividend. When the director of personnel determines that a                                     
02 permanent full-time employee employed by the state during the entire previous                                           
03 calendar year is not eligible to receive a permanent fund dividend in the current                                       
04 calendar year under AS 43.23.005, the director shall immediately notify the head of                                     
05 the affected department or agency in writing, and the affected department or agency                                     
06       shall end the employee's employment in state service.                                                             
07 (b)  Notwithstanding (a) of this section, the department or agency may                                                  
08 continue to employ a permanent full-time employee who is not eligible to receive a                                      
09 permanent fund dividend for the current calendar year when the individual is not                                        
10       eligible                                                                                                          
11 (1)  because of a failure to apply for a permanent fund dividend under                                                  
12       AS 43.23.005(a)(1); or                                                                                            
13                 (2)  under AS 43.23.005(d).                                                                             
14 Sec. 39.25.029. Regulations. The commissioner of administration may adopt                                             
15 regulations under AS 44.62 (Administrative Procedure Act) relating to state residency                                   
16       requirements and termination of nonresident employees.                                                            
17    * Sec. 2. AS 43.23.008(a) is amended to read:                                                                      
18 (a)  Subject to (b) and (d) of this section, an otherwise eligible individual who                                       
19 is absent from the state during the qualifying year remains eligible for a current year                                 
20       permanent fund dividend if the individual was absent                                                              
21 (1)  receiving secondary or postsecondary education on a full-time                                                      
22       basis;                                                                                                            
23 (2)  receiving vocational, professional, or other specific education on a                                               
24 full-time basis for which, as determined by the Alaska Commission on Postsecondary                                      
25       Education, a comparable program is not reasonably available in the state;                                         
26 (3)  serving on active duty as a member of the armed forces of the                                                      
27 United States or accompanying, as that individual's spouse, minor dependent, or                                         
28       disabled dependent, an individual who is                                                                          
29 (A)  serving on active duty as a member of the armed forces of                                                          
30            the United States; and                                                                                       
31                      (B)  eligible for a current year dividend;                                                         

01                 (4)  serving under foreign or coastal articles of employment aboard an                                  
02       oceangoing vessel of the United States merchant marine;                                                           
03                 (5)  receiving continuous medical treatment recommended by a                                            
04       licensed physician or convalescing as recommended by the physician who treated the                                
05       illness if the treatment or convalescence is not based on a need for climatic change;                             
06 (6)  providing care for a parent, spouse, sibling, child, or stepchild with                                             
07 a critical life-threatening illness whose treatment plan, as recommended by the                                         
08 attending physician, requires travel outside the state for treatment at a medical                                       
09       specialty complex;                                                                                                
10                 (7)  providing care for the individual's terminally ill family member;                                  
11 (8)  settling the estate of the individual's deceased parent, spouse,                                                   
12 sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days;                                 
13                 (9)  serving as a member of the United States Congress;                                                 
14 (10)  serving on the staff of a member from this state of the United                                                    
15       States Congress;                                                                                                  
16 (11)  serving as an employee of the state in a field office or other                                                    
17 location when presence in the field office or other location is necessary to fulfill                                
18       the employee's job duties;                                                                                    
19                 (12)  accompanying a minor who is absent under (5) of this subsection;                                  
20 (13)  accompanying another eligible resident who is absent for a reason                                                 
21 permitted under (1), (2), (5) - (12), (16), or (17) of this subsection as the spouse, minor                             
22       dependent, or disabled dependent of the eligible resident;                                                        
23                 (14)  serving as a volunteer in the federal peace corps program;                                        
24 (15)  because of training or competing as a member of the United States                                                 
25       Olympic Team or a United States national team for an Olympic sport;                                               
26 (16)  participating for educational purposes in a student fellowship                                                    
27 sponsored by the United States Department of Education or by the United States                                          
28       Department of State;                                                                                              
29 (17)  for any reason consistent with the individual's intent to remain a                                                
30       state resident, provided the absence or cumulative absences do not exceed                                         
31 (A)  180 days in addition to any absence or cumulative absences                                                         

01            claimed under (3) of this subsection if the individual is not claiming an absence                            
02            under (1), (2), or (4) - (16) of this subsection;                                                            
03 (B)  120 days in addition to any absence or cumulative absences                                                         
04 claimed under (1) - (3) of this subsection if the individual is not claiming an                                         
05 absence under (4) - (16) of this subsection but is claiming an absence under (1)                                        
06            or (2) of this subsection; or                                                                                
07                      (C)  45 days in addition to any absence or cumulative absences                                     
08            claimed under (1) - (16) of this subsection if the individual is claiming an                                 
09            absence under (4) - (16) of this subsection.                                                                 
10    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
11 read:                                                                                                                   
12 APPLICABILITY. AS 39.25.025(a) and 39.25.027, enacted by sec. 1 of this Act,                                            
13 apply to collective bargaining agreements entered into on or after the effective date of this                           
14 Act.                                                                                                                    
15    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
16 read:                                                                                                                   
17 TRANSITION. A person who is not a resident of the state and who holds a position in                                     
18 state service on the effective date of this Act may continue to hold that position until                                
19 January 1, 2024, regardless of permanent fund dividend eligibility. In this section, "state                             
20 service" has the meaning given in AS 39.25.025(c).                                                                      
21    * Sec. 5. This Act takes effect July 1, 2022.