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.