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CSHB 113(MLV): "An Act relating to private sector and state employment preferences for active service members, veterans, and spouses and dependent children of active service members and veterans; relating to employment preferences for surviving spouses of deceased service members and veterans; and relating to employment preferences for disabled veterans and former prisoners of war."

00                       CS FOR HOUSE BILL NO. 113(MLV)                                                                    
01 "An Act relating to private sector and state employment preferences for active service                                  
02 members, veterans, and spouses and dependent children of active service members and                                     
03 veterans; relating to employment preferences for surviving spouses of deceased service                                  
04 members and veterans; and relating to employment preferences for disabled veterans                                      
05 and former prisoners of war."                                                                                           
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1. AS 18.80.200(c) is amended to read:                                                                   
08            (c)  Nothing in this chapter is intended to prohibit a private employer from                                 
09       granting an employment preference described in AS 23.88.010 [TO A MEMBER OF                                   
10       THE NATIONAL GUARD OR A VETERAN WHEN HIRING AN EMPLOYEE. IN                                                       
11       THIS SUBSECTION,                                                                                                  
12                 (1)  "MEMBER OF THE NATIONAL GUARD" MEANS A PERSON                                                      
13       PRESENTLY SERVING AS A MEMBER IN GOOD STANDING IN THE                                                             
01       NATIONAL GUARD;                                                                                                   
02                 (2)  "VETERAN" MEANS A PERSON WHO WAS DISCHARGED                                                        
03       UNDER HONORABLE CONDITIONS FROM SERVICE IN                                                                        
04                      (A)  THE ARMED FORCES OF THE UNITED STATES;                                                        
05                      (B)  A RESERVE UNIT OF THE ARMED FORCES OF THE                                                     
06            UNITED STATES;                                                                                               
07                      (C)  THE ALASKA TERRITORIAL GUARD;                                                                 
08                      (D)  THE ALASKA ARMY NATIONAL GUARD;                                                               
09                      (E)  THE ALASKA AIR NATIONAL GUARD; OR                                                             
10                      (F)  THE ALASKA NAVAL MILITIA].                                                                    
11    * Sec. 2. AS 23.88.010 is repealed and reenacted to read:                                                          
12 Sec. 23.88.010. Active military, veteran, and family hiring preference                                                
13 allowed. (a) When hiring an employee, a private employer may grant an employment                                      
14       preference to                                                                                                     
15 (1)  a person in active service, on furlough from active service, or                                                    
16       discharged under honorable conditions from service in                                                           
17                      (A)  the armed forces of the United States;                                                        
18                      (B)  a reserve unit of the armed forces of the United States;                                      
19                      (C)  the Alaska Territorial Guard;                                                                 
20                      (D)  the Alaska Army National Guard;                                                               
21                      (E)  the Alaska Air National Guard; or                                                             
22                      (F)  the Alaska Naval Militia;                                                                     
23 (2)  the spouse or dependent child of a person described in (1) of this                                                 
24       subsection; and                                                                                                   
25 (3)  the surviving spouse or a dependent child of a person who, at the                                                  
26 time of death, was a person in active service or on furlough from active service as                                     
27       described in (1) of this subsection.                                                                              
28 (b)  In this section, "dependent child" means a natural child, stepchild, or                                            
29       adopted child who is                                                                                              
30                 (1)  permanently disabled; or                                                                           
31                 (2)  under                                                                                              
01                      (A)  19 years of age; or                                                                           
02                      (B)  23 years of age and registered at and attending on a full-                                    
03            time basis an accredited educational or technical institution recognized by the                              
04            Department of Education and Early Development.                                                               
05    * Sec. 3. AS 39.25.150 is amended to read:                                                                         
06            Sec. 39.25.150. Scope of the rules. The personnel rules must provide for                                   
07 (1)  the preparation, maintenance, and revision, by the director of                                                     
08 personnel, subject to approval of the commissioner of administration and the                                            
09 personnel board, of a position classification plan for all positions in the classified and                              
10       partially exempt services; the position classification plan must include                                          
11 (A)  a grouping together of all positions into classes on the basis                                                     
12            of duties and responsibilities;                                                                              
13 (B)  an appropriate title, a description of the duties and                                                              
14 responsibilities, training and experience qualifications, and other necessary                                           
15            specifications for each class of positions;                                                                  
16 (2)  the preparation, maintenance, revision, and administration by the                                                  
17 director of personnel of a pay plan for all positions in the classified and partially                                   
18 exempt services; the pay plan (A) shall be based upon the position classification plan;                                 
19 (B) must provide for fair and reasonable compensation for services rendered, and                                        
20 reflect the principle of like pay for like work; (C) may be amended, approved, or                                       
21 disapproved by the legislature in regular or special session; after the pay plan is in                                  
22 effect, a salary or wage payment may not be made to a state employee covered by the                                     
23 plan unless the payment is in accordance with this chapter and the rules adopted under                                  
24 this chapter or unless the payment is in accordance with a valid agreement entered into                                 
25       in accordance with AS 23.40;                                                                                      
26 (3)  the use of employee selection methods, including open competitive                                                  
27 assessment devices, when appropriate, that will fairly evaluate the capacity and fitness                                
28 of the person assessed to discharge the duties of the position in which employment is                                   
29       sought;                                                                                                           
30 (4)  the formulation of a list for appointment and promotion to a                                                       
31       position;                                                                                                         
01 (5)  the procedure for filling positions; the rule adopted under this                                                   
02 paragraph may include procedures providing a preference for local residents when                                        
03       appropriate;                                                                                                      
04 (6)  promotions from within the state service when there are qualified                                                  
05 candidates in the state service; vacancies shall be filled by promotion whenever                                        
06 practicable and in the best interest of the state service, and promotion shall be by                                    
07 competitive assessment whenever possible; in considering promotions, the applicants'                                    
08       qualifications, performance records, seniority, and conduct shall be evaluated;                                   
09 (7)  a period of probation not to exceed one year before an appointment                                                 
10 to a position becomes permanent, unless the period of probation is extended as set out                                  
11 in a collective bargaining agreement under AS 23.40; however, a permanent employee                                      
12 receiving a promotional appointment retains permanent status in the service and job                                     
13 class from which appointed for the duration of the probationary period and may be                                       
14 demoted to a former class without right of appeal, notwithstanding AS 39.25.170, but,                                   
15 if the employee is dismissed from the service, the appeal rights under AS 39.25.170                                     
16       apply;                                                                                                            
17 (8)  nonpermanent and emergency appointments to positions in the                                                        
18       state service in accordance with AS 39.25.195 - 39.25.200;                                                        
19 (9)  provisional appointment without competitive assessment when the                                                    
20 recruitment and assessment procedures have not identified qualified candidates in                                       
21       sufficient number;                                                                                                
22 (10)  transfers from one department to another and from another merit                                                   
23       system jurisdiction to the state service;                                                                         
24                 (11)  transfers from one area of the state to another;                                                  
25                 (12)  the reinstatement of a person who resigns in good standing;                                       
26 (13)  layoffs for reason of lack of money or work, abolition of                                                         
27 positions, or material changes in duties or organization; both performance and                                          
28       seniority records shall be considered in the development of layoff orders;                                        
29 (14)  the development, maintenance, and use of employee performance                                                     
30       records;                                                                                                          
31 (15)  the establishment of disciplinary measures, which may include                                                     
01       disciplinary suspension without pay;                                                                              
02                 (16)  the procedures for review of disputed personnel actions, for                                      
03       resolving employee and interagency grievances, and for resolving grievances of the                                
04       general public concerning the operation of the state personnel system;                                            
05                 (17)  hours of work for all employees in the state service;                                             
06                 (18)  methods and procedures covering overtime work and pay;                                            
07                 (19)  the granting of employment preference rights, not within the area                                 
08       of promotion, [TO A VETERAN, FORMER PRISONER OF WAR, OR MEMBER                                                    
09       OF THE NATIONAL GUARD] under AS 39.25.159;                                                                        
10 (20)  the employment of persons in permanent positions on a part-time                                                   
11 basis of 15 hours or more a week, including the employment of two persons to fill one                                   
12 permanent full-time position; these employees shall be designated as permanent part-                                    
13       time employees;                                                                                                   
14 (21)  the granting of employment preference to individuals with severe                                                  
15 disabilities; this includes the right to provisional appointment without competitive                                    
16 assessment for periods of up to four months and the granting of eligibility to an                                       
17 individual with a severe disability provisionally appointed under the rules who                                         
18 demonstrates ability to perform the job for permanent appointment without                                               
19 competitive assessment; provisional employment under this paragraph may not exceed                                      
20 four months during a 12-month period; "individual with a severe disability," as used in                                 
21 this paragraph, means an individual certified by the director of the division of                                        
22       vocational rehabilitation to be severely disabled;                                                                
23 (22)  the establishment of programs facilitating the employment of                                                      
24       disadvantaged persons;                                                                                            
25 (23)  the delegation, when feasible, of personnel responsibilities and                                                  
26       duties to the principal departments of the executive branch;                                                      
27 (24)  the establishment of a transition period of up to 12 months for an                                                
28 employee to be reappointed to a classified position if the employee's position is                                       
29 withdrawn from the partially exempt or exempt service and placed in the classified                                      
30       service;                                                                                                          
31 (25)  other rules and administrative regulations, not inconsistent with                                                 
01       this chapter, that are necessary for its enforcement.                                                             
02    * Sec. 4. AS 39.25.159(a) is amended to read:                                                                      
03            (a)  A person [VETERAN OR FORMER PRISONER OF WAR] who                                                    
04       possesses the necessary qualifications for a position or job classification applied for                           
05       under this chapter is entitled to an employment preference as follows:                                            
06                 (1)  in an assessment using numerical ratings,                                                          
07                      (A)  points equal to five percent of the points available from the                             
08            assessment device or devices shall be added to the passing score if the person                           
09            is                                                                                                       
10 (i)  in active service, on furlough from active service,                                                            
11 or discharged under honorable conditions from service in the                                                        
12 armed forces of the United States, a reserve unit of the armed                                                      
13 forces of the United States, the Alaska Territorial Guard, the                                                      
14 Alaska Army National Guard, the Alaska Air National Guard, or                                                       
15                 the Alaska Naval Militia;                                                                           
16 (ii)  the spouse or dependent child of a person                                                                     
17                 described in (i) of this subparagraph; or                                                           
18 (iii)  the surviving spouse or a dependent child of a                                                               
19 person who, at the time of death, was a person in active service or                                                 
20 on furlough from active service as described in (i) of this                                                         
21                 subparagraph;                                                                                       
22 (B)  points equal to 10 percent of the points available from                                                        
23 the assessment device or devices shall be added to the passing score if the                                         
24            person is                                                                                                
25                           (i)  a disabled veteran;                                                                  
26                           (ii)  a former prisoner of war;                                                           
27                 (2)  in an assessment not using numerical ratings,                                                  
28 (A)  consideration shall be afforded to a person under                                                              
29            (1)(A)(i) of this subsection;                                                                            
30 (B)  [OF A VETERAN, AND POINTS EQUAL TO 10                                                                          
31 PERCENT OF THE POINTS AVAILABLE FROM THE ASSESSMENT                                                                     
01            DEVICE OR DEVICES SHALL BE ADDED TO THE PASSING SCORE OF                                                     
02            A DISABLED VETERAN OR FORMER PRISONER OF WAR;                                                              
03 (2)  IN AN ASSESSMENT NOT USING NUMERICAL RATINGS,                                                                      
04 CONSIDERATION SHALL BE AFFORDED TO A VETERAN; ADDITIONALLY,]                                                            
05 an opportunity to interview for the position shall be afforded to a disabled veteran or a                               
06       former prisoner of war.                                                                                           
07    * Sec. 5. AS 39.25.159(d) is amended to read:                                                                      
08            (d)  A person may receive an employment preference under only one of the                                     
09       categories described in (a) [OR (c)] of this section. A person may use the preference                             
10 without limitation when being considered for a position for which persons who are not                                   
11 currently state employees are being considered. If the recruitment for a position is                                    
12 limited to state employees, preference under (a) or (c) of this section may not be                                      
13 counted. If a position in the classified service is eliminated, employees shall be                                      
14 released in accordance with rules adopted under AS 39.25.150(13). In the case of a                                      
15 comparison of employees with equal qualifications based on the factors adopted under                                
16 AS 39.25.150(13), an employee who is eligible for an employment preference                                          
17 under (a) of this section [A VETERAN, FORMER PRISONER OF WAR, OR                                                    
18 MEMBER OF THE NATIONAL GUARD] shall be given preference over an                                                     
19 employee who is not eligible for a preference under (a) of this section and [A                                      
20 PERSON WHO IS NOT A VETERAN, FORMER PRISONER OF WAR, OR                                                                 
21 MEMBER OF THE NATIONAL GUARD, AND THE VETERAN, FORMER                                                                   
22 PRISONER OF WAR, OR MEMBER OF THE NATIONAL GUARD] shall be kept                                                         
23       on the job.                                                                                                       
24    * Sec. 6. AS 39.25.159(e) is amended to read:                                                                      
25 (e)  Subsections (a) [(a), (c),] and (d) of this section may not be interpreted to                                  
26       amend the terms of a collective bargaining agreement.                                                             
27    * Sec. 7. AS 39.25.159(f) is amended by adding a new paragraph to read:                                            
28 (6)  "dependent child" means a natural child, stepchild, or adopted child                                               
29       who is                                                                                                            
30                      (A)  permanently disabled; or                                                                      
31                      (B)  under                                                                                         
01                           (i)  19 years of age; or                                                                      
02                           (ii)  23 years of age and registered at and attending on a                                    
03                 full-time basis an accredited educational or technical institution                                      
04                 recognized by the Department of Education and Early Development.                                        
05    * Sec. 8. AS 39.25.159(c) is repealed.