00CS FOR HOUSE BILL NO. 124(JUD)                                                                                          
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 except to ensure cost savings to the public employer.                                                        
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 may, by ordinance, and a political subdivision other than                                         
10 a municipality may, by resolution, choose to accept or reject application of the                                        
11 provisions of AS 23.40.070 - 23.40.260 at any time.                                                                     
12    * Sec. 3.  AS 29.35.685(c) is amended to read:                                                                       
13  (c)  AS 23.40.070 - 23.40.260 apply to employees of an authority established                                          
14 under AS 29.35.600 - 29.35.730 unless all municipalities participating in the authority                                 
15 are exempt under AS 23.40.085 [SEC. 4, CH. 113, SLA 1972].                                                            
16    * Sec. 4.  Section 4, ch. 113, SLA 1972, and sec. 11, ch. 1, SLA 1992, are repealed.                                 
17    * Sec. 5.  This Act does not terminate or modify the terms of a collective bargaining                                
18 agreement in effect on the effective date of this Act.