00                       CS FOR HOUSE BILL NO. 252(HES)                                                                    
01 "An Act requiring paid leave from employment for organ and bone marrow donation."                                       
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
04 to read:                                                                                                                
05       SHORT TITLE. This Act may be known as the Richard Foster and Alec Cesar Donor                                     
06 Act.                                                                                                                  
07    * Sec. 2. AS 39.20.245(b) is amended to read:                                                                      
08            (b)  An officer or employee, with the approval of the person authorizing the                                 
09       employment, may donate accrued personal or annual leave to another officer or                                     
10       employee only for use as leave for medical reasons. The official responsible for                                  
11       employee accounts shall debit the donor's personal or annual leave account and credit                             
12       the donee's personal leave account, or sick leave account, as appropriate, for medical                            
13       reasons only, by converting the donated leave into cash value at the donor's rate of pay                          
14       and reconverting the cash value to hours of leave at the donee's rate of pay. Leave                               
15       donated under this subsection is not leave taken by the donor for purposes of                                     
01       AS 39.20.225(c). An employee who is covered by a collective bargaining agreement                                  
02       may donate leave to or receive donations of leave from an employee or officer who is                              
03       not covered by a collective bargaining agreement, notwithstanding AS 39.20.310(7)                             
04       and (8) [AS 39.20.310(8) AND (9)].                                                                            
05    * Sec. 3. AS 39.20.270 is amended to read:                                                                         
06            Sec. 39.20.270. Court leave. Notwithstanding AS 39.20.310(6)                                           
07       [AS 39.20.310(7)], court leave shall be granted to an employee who is classified as                               
08       full time, whether permanent, nonpermanent, or temporary. An officer or employee                                  
09       called to serve as a juror or subpoenaed as a witness is entitled to administrative leave                         
10       with pay, but compensation received by the employee or to which the employee is                                   
11       entitled, whichever is greater, for service as a juror or witness shall be deducted from                          
12       pay to which the employee is entitled as a state officer or employee.                                             
13    * Sec. 4. AS 39.20 is amended by adding a new section to read:                                                     
14            Sec. 39.20.275. Leave for organ or bone marrow donation. (a)                                               
15       Notwithstanding AS 39.20.310(1) - (3) and (6) - (8), paid administrative leave of not                             
16       less than 40 hours, unless the employee requests fewer hours, shall be granted under                              
17       this section to an employee who requests leave to make a personal organ or bone                                   
18       marrow donation. Paid administrative leave may not include time spent on a screening                              
19       process to determine whether the employee is a compatible donor.                                                  
20            (b)  The director of personnel in the Department of Administration shall adopt                               
21       regulations to implement this section.                                                                            
22            (c)  Nothing in this section authorizes employees to request leave for                                       
23       contribution to or for withdrawal from a leave pool.                                                              
24            (d)  In this section, "employee" means an employee of the executive, judicial,                               
25       or legislative branch of state government, the Alaska Railroad Corporation, or the                                
26       University of Alaska, whether the employee is a permanent, nonpermanent, or                                       
27       temporary employee, who is employed for an average of 30 or more scheduled hours                                  
28       each week and who is paid by a warrant issued by the state.                                                       
29    * Sec. 5. AS 39.20.310 is amended to read:                                                                         
30            Sec. 39.20.310. Exceptions. Except as provided in AS 39.20.275,                                          
31       AS 39.20.200 - 39.20.330 do not apply to                                                                          
01                 (1)  members of the state legislature, the governor, the lieutenant                                     
02       governor, and justices and judges of the supreme and superior courts and of the court                             
03       of appeals, but nothing in AS 39.20.200 - 39.20.330 may be construed to diminish the                              
04       salaries fixed by law for these officers by reason of absence from duty on account of                             
05       illness or otherwise;                                                                                             
06                 (2)  magistrates serving the state on less than a full-time basis;                                      
07                 (3)  officers, members of the teaching staff, and employees of the                                      
08       University of Alaska;                                                                                             
09                 (4)  [REPEALED                                                                                          
10                 (5)]  persons employed in a professional capacity to make a temporary                                   
11       and special inquiry, study, or examination as authorized by the governor, the                                     
12       legislature, or a legislative committee;                                                                          
13                 (5) [(6)]  members of boards, commissions, and authorities who are not                              
14       otherwise employed by the state;                                                                                  
15                 (6) [(7)]  temporary employees hired for periods of less than 12                                    
16       consecutive months;                                                                                               
17                 (7) [(8)]  persons employed by the division of marine transportation as                             
18       masters and members of the crews operating the state ferry system who are covered by                              
19       collective bargaining agreements as provided in AS 23.40.040, except as expressly                                 
20       provided by law;                                                                                                  
21                 (8) [(9)]  persons employed by the state who are covered by collective                              
22       bargaining agreements as provided in AS 23.40.210, except as expressly provided by                                
23       law.