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HB 124: "An Act relating to items not subject to collective bargaining and to application of the Public Employment Relations Act to municipalities and other political subdivisions."

00HOUSE BILL NO. 124 01 "An Act relating to items not subject to collective bargaining and to application 02 of the Public Employment Relations Act to municipalities and other political 03 subdivisions." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 23.40.075 is amended to read: 06  Sec. 23.40.075. Items not subject to bargaining. The parties may not 07 negotiate terms contrary to the 08  (1) reemployment rights for injured state employees under 09 AS 39.25.158; 10  (2) reemployment rights of the organized militia under AS 26.05.075; 11  (3) authority of the Department of Health and Social Services under 12 AS 47.27.035 to assign Alaska temporary assistance program participants to a work 13 activity considered appropriate by the Department of Health and Social Services; [OR] 14  (4) authority for agencies to create temporary positions under

01 AS 47.27.055(c); or 02  (5) right of the employer to contract out or privatize services or 03 functions previously performed by employees or that could be performed by 04 employees. 05 * Sec. 2. AS 23.40 is amended by adding a new section to read: 06  Sec. 23.40.085. Application to political subdivisions. (a) Except as provided 07 in (b) of this section, the provisions of AS 23.40.070 - 23.40.260 do not apply to 08 municipalities and other political subdivisions of the state. 09  (b) A municipality or political subdivision of the state may, by majority vote 10 of the voters participating in the election, 11  (1) elect to be covered by the provisions of AS 23.40.070 - 23.40.260 12 if the municipality or political subdivision is not covered by those provisions at the 13 time of the election; 14  (2) reject coverage by the provisions of AS 23.40.070 - 23.40.260 if 15 the municipality or political subdivision is covered by those provisions at the time of 16 the election. 17 * Sec. 3. Section 4, ch. 113, SLA 1972, and sec. 11, ch. 1, SLA 1992, are repealed. 18 * Sec. 4. This Act does not terminate or modify the terms of a collective bargaining 19 agreement in effect on the effective date of this Act.