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Enrolled HB 75
LAWS OF ALASKA
2025
Source Chapter No.
SCS CSHB 75(STA) _______
AN ACT
Relating to national criminal history record checks for certain employees of the Department of
Revenue; relating to allowable absences for eligibility for a p ermanent fund dividend; relating
to electronic notice of debt collection executed on a permanent fund dividend; and providing
for an effective date.
_______________
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1
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AN ACT
Relating to national criminal history record checks for certain employees of the Department of 1
Revenue; relating to allowable absences for eligibility for a p ermanent fund dividend; relating 2
to electronic notice of debt collection executed on a permanent fund dividend; and providing 3
for an effective date. 4
_______________ 5
* Section 1. AS 12.62.400(c) is amended to read: 6
(c) To obtain a national criminal history record check for det ermining a 7
current or prospective employee's qualifications under AS 39.90 .210, a current or 8
prospective employee's qualifications and suitability to administer the permanent 9
fund dividend program under AS 43.23, or a contractor's qualifications under 10
AS 36.30.960, the agency or the procurement officer shall submi t the current or 11
prospective employee's or contractor's fingerprints to the depa rtment with the fee 12
established by AS 12.62.160. The de partment shall submit the fi ngerprints to the 13
Federal Bureau of Investigation to obtain a national criminal h istory record check of 14
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the current or prospective employee or contractor for the purpo se of evaluating a 1
person's qualifications under AS 36.30.960 , [AND] AS 39.90.210 , or AS 43.23, as 2
applicable. In this subsection, unless the context otherwise requires, 3
(1) "agency" has the meaning given in AS 39.90.290; 4
(2) "contractor" has the meaning given in AS 36.30.960; 5
(3) "employee" has the meaning given in AS 39.90.290. 6
* Sec. 2. AS 43.23.008(a) is amended to read: 7
(a) Subject to (b) and (d) of this section, an otherwise eligi ble individual who 8
is absent from the state during the qualifying year remains eli gible for a current year 9
permanent fund dividend if the individual was absent 10
(1) receiving secondary or postsecondary education on a full-t ime 11
basis; on a break or holiday from a secondary or postsecondary educati onal 12
institution during an academic year, not including summer break , if the 13
individual is enrolled in and attends the educational instituti on on a full-time 14
basis before and after the break or holiday; or in an orientati on program 15
required as a condition of the secondary or postsecondary educa t i o n a n d t h e 16
individual immediately begins the education on a full-time basi s after the 17
completion of the orientation; 18
(2) receiving vocational, profe ssional, or other specific educ ation on a 19
full-time basis for which, as determined by the Alaska Commissi on on Postsecondary 20
Education, a comparable program is not reasonably available in the state; on a break 21
or holiday from the vocational, professional, or other specific training, not 22
including summer break, if the individual is enrolled in and at tends the training 23
o n a full- t im e ba s is be fo r e a nd after the break or holiday; or in an orientation 24
program required as a condition of the vocational, professional , or other specific 25
training and the individual immediately begins the training on a full-time basis 26
after the completion of the orientation; 27
(3) serving on active duty as a member of the uniformed services 28
[ARMED FORCES] of the United States or accompanying, as that in dividual's 29
spouse, minor dependent, or disabled dependent, an individual who is 30
(A) serving on active duty as a member of the uniformed 31
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services [ARMED FORCES] of the United States; and 1
(B) eligible for a current year dividend; 2
(4) serving under foreign or coa stal articles of employment ab oard an 3
oceangoing vessel of the United States merchant marine or attending a vocational 4
program that 5
(A) trains students for a career in the United States 6
merchant marine; 7
(B) provides seagoing service that meets the requirements 8
of the United States Coast Guard for United States merchant mar ine 9
credentialing; and 10
(C) is approved by the United States Coast Guard; 11
(5) receiving continuous medical treatment recommended by a 12
licensed physician or convalescing as recommended by the physic ian who treated the 13
illness if the treatment or convalescence is not based on a need for climatic change; 14
(6) providing care for a parent , spouse, sibling, child, or st epchild with 15
a critical life-threatening illness whose treatment plan, as re commended by the 16
attending physician, requires tra vel outside the state for trea tment at a medical 17
specialty complex; 18
(7) providing care for the individual's terminally ill family member; 19
(8) settling the estate of the individual's deceased parent, s pouse, 20
sibling, child, or stepchild, provided the absence does not exceed 220 cumulative days; 21
(9) serving as a member of the United States Congress; 22
(10) serving on the staff of a m ember from this state of the U nited 23
States Congress; 24
(11) serving as an employee of the state in a field office or other 25
location; 26
(12) accompanying a minor who is absent under (5) of this subsection; 27
(13) accompanying another eligible resident who is absent for a reason 28
permitted under (1), (2), (5) - (12), (16), or (17) of this subsection as the spouse, minor 29
dependent, or disabled dependent of the eligible resident; 30
(14) serving as a volunteer in the federal peace corps program; 31
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(15) because of training or competing as a member of the United States 1
Olympic Team or a United States national team for an Olympic sport; 2
(16) participating for educati onal purposes in a student fello wship 3
sponsored by the United States Department of Education or by th e United States 4
Department of State; 5
(17) for any reason consistent with the individual's intent to remain a 6
state resident, provided the absence or cumulative absences do not exceed 7
(A) 180 days in addition to any absence or cumulative absences 8
claimed 9
(i) under (3) of this subsection if the individual is not 10
claiming an absence under (1), (2), or (4) - (16) of this subsection; or 11
(ii) under (5) of this subsection if the individual is 12
not claiming an absence under (1) - (4) or (6) - (16) of this 13
subsection; 14
(B) 120 days in addition to any absence or cumulative absences 15
claimed under (1) - (3) of this subsection if the individual is not claiming an 16
absence under (4) - (16) of this subsection but is claiming an absence under (1) 17
or (2) of this subsection; or 18
(C) 45 days in addition to any absence or cumulative absences 19
claimed under (1) - (16) of this subsection if the individual i s claiming an 20
absence under (4) - (16) of this subsection. 21
* Sec. 3. AS 43.23.008(f) is amended to read: 22
(f) In [FOR PURPOSES OF (a)(7) OF] this section, 23
(1) "family member" means a person who is 24
(A) [(1)] legally related to the individual through marriage or 25
guardianship; or 26
(B) [(2)] the individual's sibling, parent, grandparent, son, 27
daughter, grandson, granddaughter, uncle, aunt, niece, nephew, or first cousin; 28
(2) "uniformed service" means the United States Army, Navy, Ai r 29
Force, Marine Corps, Coast Guard, and Space Force, the National Oceanic and 30
Atmospheric Administration Commissioned Officer Corps, and the 31
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Commissioned Corps of the United States Public Health Service. 1
* Sec. 4. AS 43.23.055 is amended to read: 2
Sec. 43.23.055. Duties of the department. The department shall 3
(1) annually pay permanent fund dividends from the dividend fund; 4
(2) subject to AS 43.23.011 and (8 ) of this section, adopt reg ulations 5
under AS 44.62 (Administrative Pro cedure Act) that establish pr ocedures and time 6
limits for claiming a permanent f und dividend; the department s hall determine the 7
number of eligible applicants by October 1 of the year for whic h the dividend is 8
declared and pay the dividends by December 31 of that year; 9
(3) adopt regulations under AS 44.62 (Administrative Procedure Act) 10
that establish procedures and time limits for an individual upo n emancipation or upon 11
reaching majority to apply for permanent fund dividends not rec eived during minority 12
because the parent, guardian, or other authorized representativ e did not apply on 13
behalf of the individual; 14
(4) assist residents of the state, particularly in rural areas, who, because 15
of language, disability, or inaccessibility to public transport ation, need assistance to 16
establish eligibility and to apply for permanent fund dividends; 17
(5) use a list of individuals i neligible for a dividend under 18
AS 43.23.005(d) provided annually by the Department of Correcti ons and the 19
Department of Public Safety to determine the number and identit y of those 20
individuals; 21
(6) adopt regulations that ar e necessary to implement AS 43.23 .005(d) 22
and 43.23.048; 23
(7) adopt regulations that establish procedures for the parent, guardian, 24
or other authorized representativ e of a disabled individual to apply for prior year 25
permanent fund dividends not rec eived by the disabled individua l because no 26
application was submitted on behalf of the individual; 27
(8) adopt regulations that establish procedures for an individ ual to 28
apply to have a dividend d isbursement under AS 37.25.050(a)(2) reissued if it is not 29
collected within two years after the date of its issuance; howe ver, the department may 30
not establish a time limit within which an application to have a disbursement reissued 31
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must be filed; 1
(9) provide any information, upon request, contained in perman ent 2
fund dividend records to the child support services agency crea ted in AS 25.27.010, or 3
the child support enforcement agen cy of another state, for chil d support purposes 4
authorized under law; if the info rmation is contained in an ele ctronic data base, the 5
department shall provide the requesting agency with either 6
(A) access to the data base; or 7
(B) a copy of the information in the data base and a statement 8
certifying its contents; 9
(10) establish a fraud investigation unit for the purpose of assisting the 10
(A) Department of Law in the p rosecution of individuals who 11
apply for or obtain a permanent fund dividend in violation of a provision in 12
AS 11, by detecting and investigating those crimes; and 13
(B) commissioner to detect and investigate the claiming or 14
paying of permanent fund dividends that should not have been cl aimed by or 15
paid to an individual and to impose the penalties and enforceme nt provisions 16
under AS 43.23.270; 17
(11) adopt regulations under AS 44.62 (Administrative Procedure Act) 18
so that contributions under AS 43.23.130 are given a priority o ver donations under 19
AS 43.23.230 if the total amount o f contributions and donations elected by an 20
applicant exceeds the amount of the permanent fund dividend tha t the applicant is 21
entitled to receive; 22
(12) submit fingerprints and fees to the Department of Public 23
S a f e t y f o r a n a t i o n a l c r i m i n a l h i s t o r y r e c o r d c h e c k u n d e r A S 1 2.62.400 for the 24
purpose of determining a person's qualifications and suitability for administering 25
the permanent fund dividend program under this chapter. 26
* Sec. 5. AS 43.23.140(d) is amended to read: 27
(d) An assignment of or levy, execution, garnishment, attachme nt, or other 28
remedy for the collection of debt applied to a dividend for a y ear may not be accepted 29
by the department before April 1 of that same year. AS 09.38.080(c) and 09.38.085 do 30
not apply to a levy on a permanent fund dividend. Upon receipt of a writ of execution 31
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under (a) of this section or anot her court order, the commissio ner shall deliver to the 1
court that portion of the dividend executed on [UPON] along with the case name and 2
number. At the time payment is made to the court, the departmen t shall send notice to 3
the court that issued the writ or order and to the individual at the address provided 4
in the individual's dividend application or the electronic mail address at which the 5
individual has consented to receive notices or documents in a v erifiable manner, 6
as provided in regulations adopted by the department. The [AND TO THE 7
COURT THAT ISSUED THE WRIT OR ORDER A] notice must contain [THAT 8
CONTAINS] 9
(1) notification that all or part of the individual's dividend has been 10
seized under a writ of execution or court order; 11
(2) the name and address of the court that issued the writ or order; 12
(3) the case number for which the writ or order was issued; 13
(4) the amount seized under the writ or order; and 14
(5) notification that the individual has 30 days from the date the notice 15
is mailed in which to file with the court an objection to the s eizure if a mistake has 16
been made. 17
* Sec. 6. This Act takes effect January 1, 2026. 18