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CSSB 11(L&C): "An Act relating to temporary courtesy licenses for spouses of active duty members of the armed forces; 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 SENATE BILL NO. 11(L&C)                                                                    
01 "An Act relating to temporary courtesy licenses for spouses of active duty members of                                   
02 the armed forces; relating to private sector and state employment preferences for active                                
03 service members, veterans, and spouses and dependent children of active service                                         
04 members and veterans; relating to employment preferences for surviving spouses of                                       
05 deceased service members and veterans; and relating to employment preferences for                                       
06 disabled veterans and former prisoners of war."                                                                         
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 08.01.063(a) is amended to read:                                                                   
09            (a)  Except as provided in (d) of this section, and notwithstanding another                                  
10 provision of law, the department or appropriate board shall [MAY] issue a temporary                                 
11 courtesy license to the spouse of an active duty member of the armed forces of the                                      
12 United States if the spouse applies to the department or appropriate board in the                                       
13 manner prescribed by the department or appropriate board. An application must                                           
01       include evidence satisfactory to the department or appropriate board that the applicant                           
02                 (1)  is married to and living with a member of the armed forces of the                                  
03 United States who is on active duty and assigned to a duty station in this state under                                  
04       official active duty military orders;                                                                             
05 (2)  holds a current license or certificate in another state, district, or                                              
06 territory of the United States with requirements that the department or appropriate                                     
07 board determines are equivalent to those established under this title for that                                          
08       occupation;                                                                                                       
09                 (3)  if required by the department or appropriate board for obtaining a                                 
10 license in the applicant's profession, has been fingerprinted and has provided the fees                                 
11 required by the Department of Public Safety under AS 12.62.160 for criminal justice                                     
12 information and a national criminal history record check; the fingerprints and fees                                     
13 shall be forwarded to the Department of Public Safety to obtain a report of criminal                                    
14 justice information under AS 12.62 and a national criminal history record check under                                   
15       AS 12.62.400;                                                                                                     
16 (4)  has not committed an act in any jurisdiction that would have                                                       
17 constituted grounds for the refusal, suspension, or revocation of a license or certificate                              
18       to practice that occupation under this title at the time the act was committed;                                   
19 (5)  has not been disciplined by a licensing or credentialing entity in                                                 
20 another jurisdiction and is not the subject of an unresolved complaint, review                                          
21 procedure, or disciplinary proceeding conducted by a licensing or credentialing entity                                  
22       in another jurisdiction; and                                                                                      
23                 (6)  pays any fees required under this title.                                                           
24    * Sec. 2. AS 08.01.063 is amended by adding new subsections to read:                                               
25 (e)  The department shall prepare an annual report that describes, for the                                              
26 previous fiscal year, information on temporary courtesy licenses issued under this                                      
27       section, including                                                                                                
28                 (1)  expedited application procedures;                                                                  
29 (2)  progress made toward implementing regulations for the licenses,                                                    
30 changes to regulations made to accommodate the needs of military spouses, and any                                       
31       plans for future regulations;                                                                                     
01                 (3)  the number and type of the licenses that have been issued; and                                     
02                 (4)  the department's efforts to inform each board authorized to issue a                                
03       temporary courtesy license under this section and the military community in the state                             
04       about the licenses.                                                                                               
05 (f)  The department shall submit the report prepared under (e) of this section to                                       
06 the legislature on or before the first day of March each year. The department shall                                     
07 deliver a copy of the annual report to the senate secretary and the chief clerk of the                                  
08       house of representatives and notify the legislature that the report is available.                                 
09            (g)  The department shall annually produce and distribute to each board                                      
10 authorized to issue a temporary courtesy license under this section informational                                       
11 materials for the purpose of improving the board's knowledge of the licenses, the                                       
12 application process, and best practices in providing applicant support. The department                                  
13 shall encourage the boards to designate a single employee to serve as the point of                                      
14 contact for public information and inquiries related to temporary courtesy licenses for                                 
15       military spouses.                                                                                                 
16    * Sec. 3. AS 18.80.200(c) is amended to read:                                                                      
17 (c)  Nothing in this chapter is intended to prohibit a private employer from                                            
18 granting an employment preference described in AS 23.88.010 [TO A MEMBER OF                                         
19 THE NATIONAL GUARD OR A VETERAN WHEN HIRING AN EMPLOYEE. IN                                                             
20       THIS SUBSECTION,                                                                                                  
21 (1)  "MEMBER OF THE NATIONAL GUARD" MEANS A PERSON                                                                      
22 PRESENTLY SERVING AS A MEMBER IN GOOD STANDING IN THE                                                                   
23       NATIONAL GUARD;                                                                                                   
24 (2)  "VETERAN" MEANS A PERSON WHO WAS DISCHARGED                                                                        
25       UNDER HONORABLE CONDITIONS FROM SERVICE IN                                                                        
26                      (A)  THE ARMED FORCES OF THE UNITED STATES;                                                        
27 (B)  A RESERVE UNIT OF THE ARMED FORCES OF THE                                                                          
28            UNITED STATES;                                                                                               
29                      (C)  THE ALASKA TERRITORIAL GUARD;                                                                 
30                      (D)  THE ALASKA ARMY NATIONAL GUARD;                                                               
31                      (E)  THE ALASKA AIR NATIONAL GUARD; OR                                                             
01                      (F)  THE ALASKA NAVAL MILITIA].                                                                    
02    * Sec. 4. AS 23.88.010 is repealed and reenacted to read:                                                          
03            Sec. 23.88.010. Active military, veteran, and family hiring preference                                     
04       allowed. (a) When hiring an employee, a private employer may grant an employment                                
05       preference to                                                                                                     
06                 (1)  a person in active service, on furlough from active service, or                                    
07       discharged under honorable conditions from service in                                                           
08                      (A)  the armed forces of the United States;                                                        
09                      (B)  a reserve unit of the armed forces of the United States;                                      
10                      (C)  the Alaska Territorial Guard;                                                                 
11                      (D)  the Alaska Army National Guard;                                                               
12                      (E)  the Alaska Air National Guard; or                                                             
13                      (F)  the Alaska Naval Militia;                                                                     
14 (2)  the spouse or dependent child of a person described in (1) of this                                                 
15       subsection; and                                                                                                   
16 (3)  the surviving spouse or a dependent child of a person who, at the                                                  
17 time of death, was a person in active service or on furlough from active service as                                     
18       described in (1) of this subsection.                                                                              
19 (b)  In this section, "dependent child" means a natural child, stepchild, or                                            
20       adopted child who is                                                                                              
21                 (1)  permanently disabled; or                                                                           
22                 (2)  under                                                                                              
23                      (A)  19 years of age; or                                                                           
24 (B)  23 years of age and registered at and attending on a full-                                                         
25 time basis an accredited educational or technical institution recognized by the                                         
26            Department of Education and Early Development.                                                               
27    * Sec. 5. AS 39.25.150 is amended to read:                                                                         
28            Sec. 39.25.150. Scope of the rules. The personnel rules must provide for                                   
29 (1)  the preparation, maintenance, and revision, by the director of                                                     
30 personnel, subject to approval of the commissioner of administration and the                                            
31 personnel board, of a position classification plan for all positions in the classified and                              
01       partially exempt services; the position classification plan must include                                          
02                      (A)  a grouping together of all positions into classes on the basis                                
03            of duties and responsibilities;                                                                              
04                      (B)  an appropriate title, a description of the duties and                                         
05            responsibilities, training and experience qualifications, and other necessary                                
06            specifications for each class of positions;                                                                  
07 (2)  the preparation, maintenance, revision, and administration by the                                                  
08 director of personnel of a pay plan for all positions in the classified and partially                                   
09 exempt services; the pay plan (A) shall be based upon the position classification plan;                                 
10 (B) must provide for fair and reasonable compensation for services rendered, and                                        
11 reflect the principle of like pay for like work; (C) may be amended, approved, or                                       
12 disapproved by the legislature in regular or special session; after the pay plan is in                                  
13 effect, a salary or wage payment may not be made to a state employee covered by the                                     
14 plan unless the payment is in accordance with this chapter and the rules adopted under                                  
15 this chapter or unless the payment is in accordance with a valid agreement entered into                                 
16       in accordance with AS 23.40;                                                                                      
17 (3)  the use of employee selection methods, including open competitive                                                  
18 assessment devices, when appropriate, that will fairly evaluate the capacity and fitness                                
19 of the person assessed to discharge the duties of the position in which employment is                                   
20       sought;                                                                                                           
21 (4)  the formulation of a list for appointment and promotion to a                                                       
22       position;                                                                                                         
23 (5)  the procedure for filling positions; the rule adopted under this                                                   
24 paragraph may include procedures providing a preference for local residents when                                        
25       appropriate;                                                                                                      
26 (6)  promotions from within the state service when there are qualified                                                  
27 candidates in the state service; vacancies shall be filled by promotion whenever                                        
28 practicable and in the best interest of the state service, and promotion shall be by                                    
29 competitive assessment whenever possible; in considering promotions, the applicants'                                    
30       qualifications, performance records, seniority, and conduct shall be evaluated;                                   
31 (7)  a period of probation not to exceed one year before an appointment                                                 
01 to a position becomes permanent, unless the period of probation is extended as set out                                  
02 in a collective bargaining agreement under AS 23.40; however, a permanent employee                                      
03 receiving a promotional appointment retains permanent status in the service and job                                     
04 class from which appointed for the duration of the probationary period and may be                                       
05 demoted to a former class without right of appeal, notwithstanding AS 39.25.170, but,                                   
06 if the employee is dismissed from the service, the appeal rights under AS 39.25.170                                     
07       apply;                                                                                                            
08 (8)  nonpermanent and emergency appointments to positions in the                                                        
09       state service in accordance with AS 39.25.195 - 39.25.200;                                                        
10 (9)  provisional appointment without competitive assessment when the                                                    
11 recruitment and assessment procedures have not identified qualified candidates in                                       
12       sufficient number;                                                                                                
13 (10)  transfers from one department to another and from another merit                                                   
14       system jurisdiction to the state service;                                                                         
15                 (11)  transfers from one area of the state to another;                                                  
16                 (12)  the reinstatement of a person who resigns in good standing;                                       
17 (13)  layoffs for reason of lack of money or work, abolition of                                                         
18 positions, or material changes in duties or organization; both performance and                                          
19       seniority records shall be considered in the development of layoff orders;                                        
20 (14)  the development, maintenance, and use of employee performance                                                     
21       records;                                                                                                          
22 (15)  the establishment of disciplinary measures, which may include                                                     
23       disciplinary suspension without pay;                                                                              
24 (16)  the procedures for review of disputed personnel actions, for                                                      
25 resolving employee and interagency grievances, and for resolving grievances of the                                      
26       general public concerning the operation of the state personnel system;                                            
27                 (17)  hours of work for all employees in the state service;                                             
28                 (18)  methods and procedures covering overtime work and pay;                                            
29 (19)  the granting of employment preference rights, not within the area                                                 
30 of promotion, [TO A VETERAN, FORMER PRISONER OF WAR, OR MEMBER                                                          
31       OF THE NATIONAL GUARD] under AS 39.25.159;                                                                        
01 (20)  the employment of persons in permanent positions on a part-time                                                   
02 basis of 15 hours or more a week, including the employment of two persons to fill one                                   
03 permanent full-time position; these employees shall be designated as permanent part-                                    
04       time employees;                                                                                                   
05 (21)  the granting of employment preference to individuals with severe                                                  
06 disabilities; this includes the right to provisional appointment without competitive                                    
07 assessment for periods of up to four months and the granting of eligibility to an                                       
08 individual with a severe disability provisionally appointed under the rules who                                         
09 demonstrates ability to perform the job for permanent appointment without                                               
10 competitive assessment; provisional employment under this paragraph may not exceed                                      
11 four months during a 12-month period; "individual with a severe disability," as used in                                 
12 this paragraph, means an individual certified by the director of the division of                                        
13       vocational rehabilitation to be severely disabled;                                                                
14 (22)  the establishment of programs facilitating the employment of                                                      
15       disadvantaged persons;                                                                                            
16 (23)  the delegation, when feasible, of personnel responsibilities and                                                  
17       duties to the principal departments of the executive branch;                                                      
18 (24)  the establishment of a transition period of up to 12 months for an                                                
19 employee to be reappointed to a classified position if the employee's position is                                       
20 withdrawn from the partially exempt or exempt service and placed in the classified                                      
21       service;                                                                                                          
22 (25)  other rules and administrative regulations, not inconsistent with                                                 
23       this chapter, that are necessary for its enforcement.                                                             
24    * Sec. 6. AS 39.25.159(a) is amended to read:                                                                      
25 (a)  A person [VETERAN OR FORMER PRISONER OF WAR] who                                                               
26 possesses the necessary qualifications for a position or job classification applied for                                 
27       under this chapter is entitled to an employment preference as follows:                                            
28                 (1)  in an assessment using numerical ratings,                                                          
29 (A)  points equal to five percent of the points available from the                                                  
30 assessment device or devices shall be added to the passing score if the person                                      
31            is                                                                                                       
01 (i)  in active service, on furlough from active service,                                                            
02 or discharged under honorable conditions from service in the                                                        
03 armed forces of the United States, a reserve unit of the armed                                                      
04 forces of the United States, the Alaska Territorial Guard, the                                                      
05 Alaska Army National Guard, the Alaska Air National Guard, or                                                       
06                 the Alaska Naval Militia;                                                                           
07 (ii)  the spouse or dependent child of a person                                                                     
08                 described in (i) of this subparagraph; or                                                           
09 (iii)  the surviving spouse or a dependent child of a                                                               
10 person who, at the time of death, was a person in active service or                                                 
11 on furlough from active service as described in (i) of this                                                         
12                 subparagraph;                                                                                       
13 (B)  points equal to 10 percent of the points available from                                                        
14 the assessment device or devices shall be added to the passing score if the                                         
15            person is                                                                                                
16                           (i)  a disabled veteran;                                                                  
17                           (ii)  a former prisoner of war;                                                           
18                 (2)  in an assessment not using numerical ratings,                                                  
19 (A)  consideration shall be afforded to a person under                                                              
20            (1)(A)(i) of this subsection;                                                                            
21 (B)  [OF A VETERAN, AND POINTS EQUAL TO 10                                                                          
22 PERCENT OF THE POINTS AVAILABLE FROM THE ASSESSMENT                                                                     
23 DEVICE OR DEVICES SHALL BE ADDED TO THE PASSING SCORE OF                                                                
24            A DISABLED VETERAN OR FORMER PRISONER OF WAR;                                                              
25 (2)  IN AN ASSESSMENT NOT USING NUMERICAL RATINGS,                                                                      
26 CONSIDERATION SHALL BE AFFORDED TO A VETERAN; ADDITIONALLY,]                                                            
27 an opportunity to interview for the position shall be afforded to a disabled veteran or a                               
28       former prisoner of war.                                                                                           
29    * Sec. 7. AS 39.25.159(d) is amended to read:                                                                      
30 (d)  A person may receive an employment preference under only one of the                                                
31 categories described in (a) [OR (c)] of this section. A person may use the preference                                   
01 without limitation when being considered for a position for which persons who are not                                   
02 currently state employees are being considered. If the recruitment for a position is                                    
03 limited to state employees, preference under (a) or (c) of this section may not be                                      
04 counted. If a position in the classified service is eliminated, employees shall be                                      
05 released in accordance with rules adopted under AS 39.25.150(13). In the case of a                                      
06 comparison of employees with equal qualifications based on the factors adopted under                                
07 AS 39.25.150(13), an employee who is eligible for an employment preference                                          
08 under (a) of this section [A VETERAN, FORMER PRISONER OF WAR, OR                                                    
09 MEMBER OF THE NATIONAL GUARD] shall be given preference over an                                                     
10 employee who is not eligible for a preference under (a) of this section and [A                                      
11 PERSON WHO IS NOT A VETERAN, FORMER PRISONER OF WAR, OR                                                                 
12 MEMBER OF THE NATIONAL GUARD, AND THE VETERAN, FORMER                                                                   
13 PRISONER OF WAR, OR MEMBER OF THE NATIONAL GUARD] shall be kept                                                         
14       on the job.                                                                                                       
15    * Sec. 8. AS 39.25.159(e) is amended to read:                                                                      
16 (e)  Subsections (a) [(a), (c),] and (d) of this section may not be interpreted to                                  
17       amend the terms of a collective bargaining agreement.                                                             
18    * Sec. 9. AS 39.25.159(f) is amended by adding a new paragraph to read:                                            
19 (6)  "dependent child" means a natural child, stepchild, or adopted child                                               
20       who is                                                                                                            
21                      (A)  permanently disabled; or                                                                      
22                      (B)  under                                                                                         
23                           (i)  19 years of age; or                                                                      
24 (ii)  23 years of age and registered at and attending on a                                                              
25 full-time basis an accredited educational or technical institution                                                      
26                 recognized by the Department of Education and Early Development.                                        
27    * Sec. 10. AS 39.25.159(c) is repealed.