SB 199: "An Act relating to employees of the division of elections."
00SENATE BILL NO. 199 01 "An Act relating to employees of the division of elections." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 23.40.200(c) is amended to read: 04 (c) The class in (a)(2) of this section is composed of public utility, snow 05 removal, sanitation, and educational institution employees other than employees of a 06 school district, a regional educational attendance area, or the state boarding school and 07 of employees of the division of elections in the office of the lieutenant governor 08 other than the director of elections. Employees in this class may engage in a strike 09 after mediation, subject to the voting requirement of (d) of this section, for a limited 10 time. The limit is determined by the interests of the health, safety, or welfare of the 11 public. The public employer or the labor relations agency may apply to the superior 12 court in the judicial district in which the strike is occurring for an order enjoining the 13 strike. A strike may not be enjoined unless it can be shown that it has begun to 14 threaten the health, safety, or welfare of the public. A court, in deciding whether or not
01 to enjoin the strike, shall consider the total equities in the particular class. "Total 02 equities" includes not only the impact of a strike on the public but also the extent to 03 which employee organizations and public employers have met their statutory 04 obligations. If an impasse or deadlock still exists after the issuance of an injunction, 05 the parties shall submit to arbitration to be carried out under AS 09.43.030. 06 * Sec. 2. AS 39.25.110 is amended to read: 07 Sec. 39.25.110. EXEMPT SERVICE. Unless otherwise provided by law, the 08 following positions in the state service constitute the exempt service and are exempt 09 from the provisions of this chapter and the rules adopted under it: 10 (1) persons elected to public office by popular vote or appointed to fill 11 vacancies in elected offices; 12 (2) justices, judges, magistrates, and employees of the judicial branch 13 including employees of the judicial council; 14 (3) employees of the state legislature and its agencies; 15 (4) the head of each principal department in the executive branch; 16 (5) officers and employees of the University of Alaska; 17 (6) certificated teachers and noncertificated employees employed by a 18 regional educational attendance area established and organized under AS 14.08.031 - 19 14.08.041 to teach in, administer, or operate schools under the control of a regional 20 educational attendance area school board; 21 (7) certificated teachers employed by the Department of Education as 22 correspondence teachers, teachers in skill centers operated by the Department of 23 Education, or in Mt. Edgecumbe School; 24 (8) patients and inmates employed in state institutions; 25 (9) persons employed in a professional capacity to make a temporary 26 or special inquiry, study or examination as authorized by the governor; 27 (10) members of boards, commissions, or authorities; 28 (11) the officers and employees of the following boards, commissions, 29 and authorities: 30 (A) Alaska Gas Pipeline Financing Authority; 31 (B) Alaska Permanent Fund Corporation;
01 (C) Alaska Industrial Development and Export Authority; 02 (D) Alaska Commercial Fisheries Entry Commission; 03 (E) Alaska Commission on Postsecondary Education; 04 (F) Alaska Aerospace Development Corporation; 05 (12) the executive secretary and legal counsel of the Alaska Municipal 06 Bond Bank Authority; 07 (13) physicians licensed to practice in this state and employed by the 08 division of mental health and developmental disabilities in the Department of Health 09 and Social Services or by the Department of Corrections; 10 (14) petroleum engineers and petroleum geologists employed in a 11 professional capacity by the Department of Natural Resources and by the Oil and Gas 12 Conservation Commission, except for those employed in the division of geological and 13 geophysical surveys in the Department of Natural Resources; 14 (15) officers, agents, and employees of the Alcoholic Beverage Control 15 Board granted limited peace officer powers by the Alcoholic Beverage Control Board 16 under AS 04.06.110; 17 (16) persons employed by the division of marine transportation as 18 masters and members of the crews of vessels who operate the state ferry system and 19 who are covered by a collective bargaining agreement provided in AS 23.40.040; 20 (17) officers and employees of the state who reside in foreign countries; 21 (18) employees of the Alaska Seafood Marketing Institute; 22 (19) fire fighters employed by the Department of Natural Resources for 23 a fire emergency; 24 (20) employees of the Office of the Governor [AND THE OFFICE OF 25 THE LIEUTENANT GOVERNOR], including the staff of the governor's mansion, and 26 employees of the office of the lieutenant governor including the director of 27 elections but not including other employees of the division of elections; 28 (21) employees of the Citizens' Advisory Commission on Federal 29 Areas in Alaska (AS 41.37.010); 30 (22) youth employed by the Department of Natural Resources under the 31 Youth Employment and Student Intern programs;
01 (23) the executive director of the Medicaid Rate Advisory Commission; 02 (24) students employed by the state institutions in which the students 03 are enrolled; 04 (25) the executive director and staff of the Alaska Science and 05 Technology Foundation (AS 37.17.010); 06 (26) investment officers in the Department of Revenue; 07 (27) the executive director and other staff of the Alaska Tourism 08 Marketing Council; 09 (28) persons engaged in employment or pre-employment training 10 programs operated by the Department of Military and Veterans' Affairs; 11 (29) employees of the Alaska Amateur Sports Authority. 12 * Sec. 3. An employee of the division of elections on the day before the effective date of 13 this Act may not be terminated from the position the employee holds on that day solely for 14 failing to meet the minimum qualifications of the position established when the position is 15 placed in the classified service.