00                       CS FOR HOUSE BILL NO. 77(FIN)                                                                    
01 "An Act allowing certain public employees to take leave without pay to volunteer with                                   
02 the American Red Cross in a disaster."                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 23.30.244 is amended by adding a new subsection to read:                                           
05            (d)  A person who is injured during the course and within the scope of                                       
06       providing service as an American Red Cross volunteer while on leave without pay                                   
07       from state service under AS 39.20.285 is not an employee of the state for purposes of                             
08       a claim under this chapter for compensation for that injury.                                                      
09    * Sec. 2. AS 39.20 is amended by adding a new section to read:                                                     
10            Sec. 39.20.285. Leave without pay for disaster relief. (a) Notwithstanding                                 
11       AS 39.20.310(1) - (3) and (6) - (8), an employee may take leave without pay not to                                
12       exceed 15 regularly scheduled work days in a calendar year to volunteer with the                                  
13       American Red Cross while that organization is providing relief from a disaster located                            
14       in the state.                                                                                                     

01            (b)  Leave without pay under this section is subject to approval by the                                      
02       supervisor of the employee who requests it.                                                                       
03            (c)  While on leave without pay under this section,                                                          
04                 (1)  an employee is not eligible to accrue state employee pay and                                       
05       benefits;                                                                                                         
06                 (2)  the employee, for the limited purpose of ensuring that the                                         
07       employee's eligibility for employer-provided group health or group life insurance is                              
08       unaffected by the leave, shall be considered to be in pay status.                                                 
09            (d)  Notwithstanding (g) of this section, each of the following is not eligible for                          
10       leave without pay under this section:                                                                             
11                 (1)  an employee of the Alaska Housing Finance Corporation or the                                       
12       Alaska Railroad Corporation;                                                                                      
13                 (2)  a civilian or enlisted member of the organized militia under                                       
14       AS 26.05.010.                                                                                                     
15            (e)  A claim by an employee for an injury the employee sustains while on leave                               
16       without pay under this section is subject to the limitations of AS 23.30.244(d).                                  
17            (f)  The director of personnel in the Department of Administration shall adopt                               
18       regulations to carry out the purposes of (a) - (d) of this section.                                               
19            (g)  In this section,                                                                                        
20                 (1)  "disaster" means an event or circumstance that has been formally                                   
21       designated a disaster at level II or higher by the American Red Cross;                                            
22                 (2)  "employee" means an employee of a branch of state government,                                      
23       including the University of Alaska, whether the employee is a permanent,                                          
24       nonpermanent, or temporary employee.                                                                              
25    * Sec. 3. AS 39.20.310 is amended to read:                                                                         
26            Sec. 39.20.310. Exceptions. Except as provided in AS 39.20.275 and                                     
27       39.20.285, AS 39.20.200 - 39.20.330 do not apply to                                                           
28                 (1)  members of the state legislature, the governor, the lieutenant                                     
29       governor, and justices and judges of the supreme and superior courts and of the court                             
30       of appeals, but nothing in AS 39.20.200 - 39.20.330 may be construed to diminish the                              
31       salaries fixed by law for these officers by reason of absence from duty on account of                             

01       illness or otherwise;                                                                                             
02                 (2)  magistrates serving the state on less than a full-time basis;                                      
03                 (3)  officers, members of the teaching staff, and employees of the                                      
04       University of Alaska;                                                                                             
05                 (4)  persons employed in a professional capacity to make a temporary                                    
06       and special inquiry, study, or examination as authorized by the governor, the                                     
07       legislature, or a legislative committee;                                                                          
08                 (5)  members of boards, commissions, and authorities who are not                                        
09       otherwise employed by the state;                                                                                  
10                 (6)  temporary employees hired for periods of less than 12 consecutive                                  
11       months;                                                                                                           
12                 (7)  persons employed by the division of marine transportation as                                       
13       masters and members of the crews operating the state ferry system who are covered by                              
14       collective bargaining agreements as provided in AS 23.40.040, except as expressly                                 
15       provided by law;                                                                                                  
16                 (8)  persons employed by the state who are covered by collective                                        
17       bargaining agreements as provided in AS 23.40.210, except as expressly provided by                                
18       law.