Legislature(2023 - 2024)GRUENBERG 120
03/21/2023 01:00 PM House MILITARY & VETERANS' AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Overview of the Alaska Military Youth Academy Program | |
| HB25 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 25 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 25-PFD ELIGIBILITY UNIFORMED SERVICES
1:42:27 PM
CHAIR WRIGHT announced that the final order of business would be
HOUSE BILL NO. 25 "An Act relating to eligibility for the
permanent fund dividend; and providing for an effective date."
[Before the committee was CSHB 25(STA).]
CHAIR WRIGHT informed committee members of a memorandum ("memo")
from Legislative Legal Services addressing a question regarding
the applicability of the permanent fund dividend (PFD) five-year
rule.
1:44:49 PM
EMILY NAUMAN, Deputy Director, Legislative Legal Services,
Legislative Affairs Agency, stated she was asked to come to the
committee to discuss the five-year rule in relation to Alaska
Statutes affected by CSHB 25(STA). She referred to the memo
from Legislative Legal Services on this question [included in
the committee packet], which stated that the part of Alaska
Statutes that created the five-year rule, AS 43.23.008(d), also
applies to members of the armed services. The rule states that
after a resident is absent from [Alaska] for more than 180 days
for five of the preceding years, then the Department of Revenue
(DOR) assumes that the applicant is no longer a resident. She
maintained that the rule applies even if the absence falls under
the allowable absences under AS 43.23.008(a), which would
include allowable absences for uniformed or armed forces service
members if amended by CSHB 25(STA).
1:47:14 PM
REPRESENTATIVE ANDI STORY, Alaska State Legislature, as prime
sponsor of CSHB 25(STA), said she had no comments to offer at
this time.
1:47:47 PM
REPRESENTATIVE GRAY sought to confirm that, as drafted, CSHB
25(STA) would not change who the five-year rule currently
effects.
REPRESENATIVE STORY shared her understanding that CSHB 25(STA)
would not allow anyone to collect the PFD after five years and
deferred to Ms. Nauman for further details.
MS. NAUMAN added two qualifications to Representative Gray's
understanding. She explained that the five-year rule already
exists in Alaska Statutes and CSHB 25(STA) does not change that
part of the statue. Additionally, she reported that an
applicant can rebuff the presumption that they are no longer
qualified if they can demonstrate clear and convincing evidence
to [DOR] that they have been present in the state for 30
cumulative days within the five years and they remain a resident
as defined in Alaska Statutes.
REPRESENTATIVE GRAY asked whether an individual could fulfill
the requirement by "taking a six-day vacation" to Alaska every
year.
MS. NAUMAN confirmed Representative Gray's understanding is
correct.
1:50:18 PM
REPRESENTATIVE SHAW expressed his support for the proposed
changes to CSHB 25(STA), as chair of the House State Affairs
Committee. He reported that the changes still align with the
intent of the committee substitute (CS) that was reported from
HSTA while removing additional financial burden on DOR.
[HB 25 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| AMYA Slides for 2023 Legislative Session HMLV 3.21.23.pdf |
HMLV 3/21/2023 1:00:00 PM |
|
| HB 25 Legal Memo on PFD Five-Year Rule Applicability 3.21.23.pdf |
HMLV 3/21/2023 1:00:00 PM |
HB 25 |