CSHB 305(STA) am: "An Act prohibiting certain state employment, a student loan, or a permanent fund dividend for a person who fails to register for the military selective service; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 305(STA) am 01 "An Act prohibiting certain state employment, a student loan, or a permanent fund 02 dividend for a person who fails to register for the military selective service; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 SHORT TITLE. This Act may be known as the Selective Service Registration 08 Awareness and Compliance Act. 09 * Sec. 2. AS 14.43.125(a) is amended to read: 10 (a) A person is eligible for a loan if the person 11 (1) is 12 (A) enrolled as a full-time student in a career education, 13 associate, baccalaureate, or graduate degree program; 14 (B) enrolled as a half-time student in a career education,
01 associate, baccalaureate, or graduate degree program 02 (i) in the state; or 03 (ii) out of the state and is physically present in this state 04 while attending that program; or 05 (C) a graduate of a high school or the equivalent, or scheduled 06 for graduation from a high school within six months, who, at the time of loan 07 disbursement, will be enrolled in compliance with (A) or (B) of this paragraph; 08 (2) is not delinquent and has never been in default on a loan previously 09 awarded by the commission; 10 (3) is a resident of the state at the time of application for the loan; for 11 purposes of this section, a person qualifies as a resident of the state if at the time of 12 application for the loan the person 13 (A) has been physically present in the state for at least one year 14 immediately before the time of application for the loan with the intent to 15 remain indefinitely; 16 (B) is dependent on a parent or guardian for care, the parent or 17 guardian has been present in the state for at least one year immediately before 18 the time of application for the loan with the intent to remain indefinitely, and 19 the person has been present in the state for at least one year of the immediately 20 preceding five years except that the commission may by a two-thirds vote, 21 acting upon a written appeal by the person, grant an exemption to the 22 requirement that the person has been present in the state for one year of the 23 immediately preceding five years; 24 (C) has been physically present in the state for at least one year 25 immediately before the applicant was absent from the state, the person intends 26 to return permanently to the state, and the absence is due solely to 27 (i) serving an initial period of up to three years on 28 active duty as a member of the armed forces of the United States; 29 (ii) serving for up to three years as a full-time volunteer 30 under the Peace Corps Act; 31 (iii) serving for up to three years as a full-time volunteer
01 under the Domestic Volunteer Service Act of 1973; 02 (iv) required medical care for the applicant or the 03 applicant's immediate family; 04 (v) being a person who otherwise qualifies as a resident 05 and is accompanying a spouse who qualifies as a resident under (i) - 06 (iv) of this paragraph; 07 (vi) an absence allowed under (D)(i) - (iv) of this 08 paragraph; or 09 (D) is a dependent of a parent or guardian who has been 10 physically present in the state for at least one year immediately before the 11 parent or guardian was absent from the state, the parent or guardian intends to 12 return permanently to the state, and the absence is due solely to 13 (i) participating in a foreign exchange student program 14 recognized by the commission; 15 (ii) attending a school as a full-time student; 16 (iii) full-time employment by the state; 17 (iv) being a member of or employed full-time by the 18 state's congressional delegation; 19 (v) being a person who otherwise qualifies as a resident 20 and is accompanying a spouse who qualifies as a resident under (i) - 21 (iv) of this paragraph; 22 (4) does not have a past due child support obligation established by 23 court order or by the child support enforcement division under AS 25.27.160 - 24 25.27.220 at the time of application or loan disbursement; 25 (5) has not, within the previous five years, had a loan discharged or 26 written off by the commission for any reason; 27 (6) does not have a status, at the time of the application for a loan or 28 disbursement of loan funds, that would prevent the person from repaying the loan as it 29 becomes due; 30 (7) has not within the previous seven years defaulted on another loan 31 made to the person by a lending entity unless the person can show good faith efforts to
01 repay the loan and extraordinary circumstances that led to the default; [AND] 02 (8) does not have a credit history, at the time of application for a loan, 03 that demonstrates chronic inability or unwillingness to pay an extension of credit or 04 loan as it becomes due; and 05 (9) has complied with the military selective service registration 06 requirements imposed under 50 U.S.C. App. 453 (Military Selective Service Act), 07 if those requirements were applicable to the person or has come into compliance 08 within 30 days of being notified of their lack of compliance. 09 * Sec. 3. AS 14.43.750(a) is amended to read: 10 (a) A person may apply for and obtain a family education loan on behalf of a 11 family member if 12 (1) the borrower 13 (A) is a resident of the state at the time of application for the 14 loan; for purposes of this paragraph, a borrower qualifies as a resident of the 15 state if the borrower has been physically present in the state for at least one 16 year immediately before the time of application for the loan with the intent to 17 remain indefinitely or, if not physically present in the state, the borrower has 18 not declared or established residency in another state, intends to return 19 permanently to the state, and the absence meets the requirements imposed 20 under AS 14.43.125(a)(3)(C)(i) - (vi); 21 (B) satisfies the requirements of AS 14.43.125(a)(6) - (9) 22 [AS 14.43.125(a)(6) - (8)]; 23 (2) the family member 24 (A) is enrolled as a full-time student in a career education, 25 associate, baccalaureate, or graduate degree program; or 26 (B) is a graduate of a high school or the equivalent, or 27 scheduled for graduation from a high school within six months, who, at the 28 time of loan disbursement, will be enrolled in compliance with (A) of this 29 paragraph; and 30 (3) neither the borrower nor the family member 31 (A) is delinquent or has ever been in default on a loan
01 previously awarded by the commission; 02 (B) is past due on a child support obligation established by 03 court order or by the child support enforcement division under AS 25.27.160 - 04 25.27.220 at the time of application or loan disbursement; 05 (C) has, within the previous five years, had a loan discharged 06 or written off by the commission for any reason. 07 * Sec. 4. AS 39.25.160 is amended by adding a new subsection to read: 08 (k) A person may not be employed in the classified, partially exempt, or 09 exempt service unless the person has complied with the military selective service 10 registration requirements imposed under 50 U.S.C. App. 453 (Military Selective 11 Service Act), if those requirements were applicable to the person. Notwithstanding 12 AS 39.25.110, this subsection applies to employees in the exempt service except 13 (1) a justice, a judge, or a magistrate; 14 (2) the governor or the lieutenant governor; 15 (3) a member of the legislature; 16 (4) a person appointed under art. III, sec. 25, or art. III, sec. 26, 17 Constitution of the State of Alaska. 18 * Sec. 5. AS 43.23.005(a) is amended to read: 19 (a) An individual is eligible to receive one permanent fund dividend each year 20 in an amount to be determined under AS 43.23.025 if the individual 21 (1) applies to the department; 22 (2) is a state resident on the date of application; 23 (3) was a state resident during the entire qualifying year; 24 (4) has been physically present in the state for at least 72 consecutive 25 hours at some time during the prior two years before the current dividend year; 26 (5) is 27 (A) a citizen of the United States; 28 (B) an alien lawfully admitted for permanent residence in the 29 United States; 30 (C) an alien with refugee status under federal law; or 31 (D) an alien that has been granted asylum under federal law;
01 [AND] 02 (6) was, at all times during the qualifying year, physically present in 03 the state or, if absent, was absent only as allowed in AS 43.23.008; and 04 (7) was in compliance during the qualifying year with the military 05 selective service registration requirements imposed under 50 U.S.C. App. 453 06 (Military Selective Service Act), if those requirements were applicable to the 07 individual or has come into compliance within 30 days of being notified of their 08 lack of compliance. 09 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. This Act applies to a person who seeks employment with the 12 state, applies for a student loan or family education loan under AS 14.43, or applies for a 13 permanent fund dividend under AS 43.23 on or after the effective date of this Act. 14 * Sec. 7. This Act takes effect January 1, 2004.