00                            HOUSE BILL NO. 109                                                                          
01 "An Act relating to requiring persons employed in the classified, exempt, or partially                                  
02 exempt service of the state to be a state resident; and prohibiting persons who are                                     
03 subject to the Public Employment Relations Act from negotiating terms contrary to that                                  
04 residency requirement."                                                                                                 
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 23.40.075 is amended to read:                                                                      
07            Sec. 23.40.075. Items not subject to bargaining. The parties may not                                       
08       negotiate terms contrary to the                                                                                   
09                 (1)  reemployment rights for injured state employees under                                              
10       AS 39.25.158;                                                                                                     
11                 (2)  reemployment rights of the organized militia under AS 26.05.075;                                   
12                 (3)  authority of the Department of Health and Social Services under                                    
13 AS 47.27.035 to assign Alaska temporary assistance program participants to a work                                       
14       activity considered appropriate by the Department of Health and Social Services;                                  

01                 (4)  authority for agencies to create temporary positions under                                         
02       AS 47.27.055(c); [OR]                                                                                             
03                 (5)  provisions contained in a contract under AS 14.40.210(a)(4); or                                
04                 (6)  state residency requirements under AS 39.25.025.                                               
05    * Sec. 2. AS 39.25 is amended by adding a new section to read:                                                     
06            Sec. 39.25.025. State residency required. (a) Except as provided in (b) - (e)                              
07       of this section, only a resident may hold a position in state service.                                            
08            (b)  After making a written finding that a position in state service is vacant or                            
09       expected to become vacant and no resident is qualified and available for appointment                              
10       to the position, the commissioner of administration may authorize                                                 
11                 (1)  appointment of a person who is not a resident; or                                                  
12                 (2)  retention of a state employee who is not a resident.                                               
13 (c)  Nothing in this section impairs a person's eligibility to apply, or be                                             
14       recruited or considered, for a position in state service.                                                         
15 (d)  The residency requirements in this section do not apply to a position in                                           
16       state service if all or part of the salary for the position is federally funded.                                  
17            (e)  In this section,                                                                                        
18 (1)  "resident" means a person who establishes residency in the state                                                   
19       under AS 01.10.055;                                                                                               
20 (2)  "state service" means the classified, exempt, or partially exempt                                                  
21       service.                                                                                                          
22    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
23 read:                                                                                                                   
24 APPLICABILITY. AS 23.40.075, as amended by sec. 1 of this Act, and                                                      
25 AS 39.25.025(a), enacted by sec. 2 of this Act, apply to collective bargaining agreements                               
26 entered into on or after the effective date of this Act.                                                                
27    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
28 read:                                                                                                                   
29 TRANSITION. A person who is not a resident of the state, and who holds a position                                       
30 in state service on the effective date of this Act, may continue to hold that position until                            
31 July 1, 2018, regardless of state residency. In this section, "resident" and "state service" have                       

01 the meanings given in AS 39.25.025(e), enacted by sec. 2 of this Act.