CSHB 113(L&C): "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(L&C) 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 AS 23.88.010 is repealed and reenacted to read: 12 Sec. 23.88.010.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 on [UPON] the position classification 19 plan; (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 in active service, on furlough from active service, or discharged under 10 honorable conditions from service in the armed forces of the United 11 States, a reserve unit of the armed forces of the United States, the Alaska 12 Territorial Guard, the Alaska Army National Guard, the Alaska Air 13 National Guard, or the Alaska Naval Militia; or 14 (B) points equal to 10 percent of the points available from 15 the assessment device or devices shall be added to the passing score if the 16 person is 17 (i) a disabled veteran; 18 (ii) a former prisoner of war; 19 (2) in an assessment not using numerical ratings, 20 (A) consideration shall be afforded to 21 (i) a person under (1)(A) of this subsection; 22 (ii) a dependent child or the spouse of a person 23 under (1)(A) of this subsection; 24 (iii) a dependent child or, unless the surviving spouse 25 has remarried, the surviving the spouse of a person under (1)(B) of 26 this subsection who died within the 10-year period immediately 27 preceding the date of the assessment; 28 (B) [OF A VETERAN, AND POINTS EQUAL TO 10 29 PERCENT OF THE POINTS AVAILABLE FROM THE ASSESSMENT 30 DEVICE OR DEVICES SHALL BE ADDED TO THE PASSING SCORE OF 31 A DISABLED VETERAN OR FORMER PRISONER OF WAR;
01 (2) IN AN ASSESSMENT NOT USING NUMERICAL RATINGS, 02 CONSIDERATION SHALL BE AFFORDED TO A VETERAN; ADDITIONALLY,] 03 an opportunity to interview for the position shall be afforded to a disabled veteran or a 04 former prisoner of war. 05 * Sec. 5. AS 39.25.159(d) is amended to read: 06 (d) A person may receive an employment preference under only one of the 07 categories described in (a) [OR (c)] of this section. A person may use the preference 08 without limitation when being considered for a position for which persons who are not 09 currently state employees are being considered. If the recruitment for a position is 10 limited to state employees, preference under (a) or (c) of this section may not be 11 counted. If a position in the classified service is eliminated, employees shall be 12 released in accordance with rules adopted under AS 39.25.150(13). In the case of a 13 comparison of employees with equal qualifications based on the factors adopted under 14 AS 39.25.150(13), an employee who is eligible for an employment preference 15 under (a) of this section [A VETERAN, FORMER PRISONER OF WAR, OR 16 MEMBER OF THE NATIONAL GUARD] shall be given preference over an 17 employee who is not eligible for a preference under (a) of this section and [A 18 PERSON WHO IS NOT A VETERAN, FORMER PRISONER OF WAR, OR 19 MEMBER OF THE NATIONAL GUARD, AND THE VETERAN, FORMER 20 PRISONER OF WAR, OR MEMBER OF THE NATIONAL GUARD] shall be kept 21 on the job. 22 * Sec. 6. AS 39.25.159(e) is amended to read: 23 (e) Subsections (a) [(a), (c),] and (d) of this section may not be interpreted to 24 amend the terms of a collective bargaining agreement. 25 * Sec. 7. AS 39.25.159(f) is amended by adding a new paragraph to read: 26 (6) "dependent child" means a natural child, stepchild, or adopted child 27 who is 28 (A) permanently disabled; or 29 (B) under 30 (i) 19 years of age; or 31 (ii) 23 years of age and registered at and attending on a
01 full-time basis an accredited educational or technical institution 02 recognized by the Department of Education and Early Development. 03 * Sec. 8. AS 39.25.159(c) is repealed.