Enrolled SB 45: Relating to state employment preferences for veterans, former prisoners of war, and members of the Alaska National Guard; authorizing the Department of Military and Veterans' Affairs to establish and maintain Alaska veterans' cemeteries; establishing the Alaska veterans' cemetery fund in the general fund; and authorizing the legislature to appropriate income from fees collected for commemorative veterans' plates to the Alaska veterans' cemetery fund.
00Enrolled SB 45 01 Relating to state employment preferences for veterans, former prisoners of war, and members 02 of the Alaska National Guard; authorizing the Department of Military and Veterans' Affairs to 03 establish and maintain Alaska veterans' cemeteries; establishing the Alaska veterans' cemetery 04 fund in the general fund; and authorizing the legislature to appropriate income from fees 05 collected for commemorative veterans' plates to the Alaska veterans' cemetery fund. 06 _______________ 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 LEGISLATIVE INTENT. It is the intent of the legislature that, during fiscal year 10 2010, the Department of Military and Veterans' Affairs, in cooperation with federal 11 authorities, begin the planning and design of an Alaska veterans' cemetery, authorized by 12 AS 44.35.035, enacted by sec. 10 of this Act, to be located in or near Fairbanks, and that the
01 Department of Military and Veterans' Affairs submit a report on the status of the cemetery 02 project to the president of the senate and the speaker of the house of representatives before 03 December 15, 2009. 04 * Sec. 2. AS 28.10.421(d)(16) is amended to read: 05 (16) special request plates commemorating Alaska veterans ...... $100 06 plus a fee of $35 and the fee required for that vehicle under (b), (c), (h), or (i) of this 07 section; the $100 fee required by this paragraph shall be collected only on the first 08 issuance of and the replacement of the commemorative veterans' plates; the $35 fee 09 required by this paragraph shall be collected biennially in the same manner as the fee 10 required under (b), (c), (h), or (i) of this section; the commissioner of administration 11 shall separately account for the fees received under this paragraph that the department 12 deposits in the general fund; notwithstanding (g) of this section, the annual estimated 13 balance in the account that is in excess of the cost of issuing special request plates may 14 be appropriated by the legislature to the Alaska veterans' cemetery fund created 15 under AS 37.05.600 and for the support of programs benefiting Alaska veterans; 16 * Sec. 3. AS 37.05.146(c) is amended by adding a new paragraph to read: 17 (85) gifts, donations, and grants received by the Department of 18 Military and Veterans' Affairs for the purpose of establishing and maintaining Alaska 19 veterans' cemeteries under AS 26.10.030 and AS 44.35.035(b). 20 * Sec. 4. AS 37.05 is amended by adding a new section to article 6 to read: 21 Sec. 37.05.600. Alaska veterans' cemetery fund. (a) There is created as a 22 special account in the general fund the Alaska veterans' cemetery fund into which 23 shall be deposited appropriations to the Alaska veterans' cemetery fund. 24 (b) Beginning with the appropriations for the fiscal year beginning July 1, 25 2008, on an annual basis and under AS 37.07 (Executive Budget Act), the legislature 26 may appropriate amounts from the Alaska veterans' cemetery fund to the Department 27 of Military and Veterans' Affairs for the construction, operation, and maintenance of 28 the Alaska veterans' cemeteries established under AS 44.35.035. 29 (c) Appropriations to the Alaska veterans' cemetery fund are not one-year 30 appropriations and do not lapse under AS 37.25.010. 31 (d) The unexpended and unobligated balance of an appropriation from the
01 Alaska veterans' cemetery fund lapses into the Alaska veterans' cemetery fund at the 02 end of the fiscal year for which it was appropriated. 03 (e) Nothing in this section exempts money deposited into the Alaska veterans' 04 cemetery fund from the requirements of AS 37.07 (Executive Budget Act) or dedicates 05 that money for a specific purpose. 06 * Sec. 5. AS 39.25.150 is amended to read: 07 Sec. 39.25.150. Scope of the rules. The personnel rules must provide for 08 (1) the preparation, maintenance, and revision, by the director of 09 personnel, subject to approval of the commissioner of administration and the 10 personnel board, of a position classification plan for all positions in the classified and 11 partially exempt services; the position classification plan must include 12 (A) a grouping together of all positions into classes on the basis 13 of duties and responsibilities; 14 (B) an appropriate title, a description of the duties and 15 responsibilities, training and experience qualifications, and other necessary 16 specifications for each class of positions; 17 (2) the preparation, maintenance, revision, and administration by the 18 director of personnel of a pay plan for all positions in the classified and partially 19 exempt services; the pay plan (A) shall be based upon the position classification plan; 20 (B) must provide for fair and reasonable compensation for services rendered, and 21 reflect the principle of like pay for like work; (C) may be amended, approved, or 22 disapproved by the legislature in regular or special session; after the pay plan is in 23 effect, a salary or wage payment may not be made to a state employee covered by the 24 plan unless the payment is in accordance with this chapter and the rules adopted under 25 this chapter or unless the payment is in accordance with a valid agreement entered into 26 in accordance with AS 23.40; 27 (3) the use of employee selection methods, including open competitive 28 assessment devices, when appropriate, that will fairly evaluate the capacity and fitness 29 of the person assessed to discharge the duties of the position in which employment is 30 sought; 31 (4) the formulation of a list for appointment and promotion to a
01 position; 02 (5) the procedure for filling positions; the rule adopted under this 03 paragraph may include procedures providing a preference for local residents when 04 appropriate; 05 (6) promotions from within the state service when there are qualified 06 candidates in the state service; vacancies shall be filled by promotion whenever 07 practicable and in the best interest of the state service, and promotion shall be by 08 competitive assessment whenever possible; in considering promotions, the applicants' 09 qualifications, performance records, seniority, and conduct shall be evaluated; 10 (7) a period of probation not to exceed one year before an appointment 11 to a position becomes permanent, unless the period of probation is extended as set out 12 in a collective bargaining agreement under AS 23.40; however, a permanent employee 13 receiving a promotional appointment retains permanent status in the service and job 14 class from which appointed for the duration of the probationary period and may be 15 demoted to a former class without right of appeal, notwithstanding AS 39.25.170, but, 16 if the employee is dismissed from the service, the appeal rights under AS 39.25.170 17 apply; 18 (8) nonpermanent and emergency appointments to positions in the 19 state service in accordance with AS 39.25.195 - 39.25.200; 20 (9) provisional appointment without competitive assessment when the 21 recruitment and assessment procedures have not identified qualified candidates in 22 sufficient number; 23 (10) transfers from one department to another and from another merit 24 system jurisdiction to the state service; 25 (11) transfers from one area of the state to another; 26 (12) the reinstatement of a person who resigns in good standing; 27 (13) layoffs for reason of lack of money or work, abolition of 28 positions, or material changes in duties or organization; both performance and 29 seniority records shall be considered in the development of layoff orders; 30 (14) the development, maintenance, and use of employee performance 31 records;
01 (15) the establishment of disciplinary measures, which may include 02 disciplinary suspension without pay; 03 (16) the procedures for review of disputed personnel actions, for 04 resolving employee and interagency grievances, and for resolving grievances of the 05 general public concerning the operation of the state personnel system; 06 (17) hours of work for all employees in the state service; 07 (18) methods and procedures covering overtime work and pay; 08 (19) the granting of employment preference rights, not within the area 09 of promotion, to a veteran, [OR] former prisoner of war, or member of the national 10 guard under AS 39.25.159; 11 (20) the employment of persons in permanent positions on a part-time 12 basis of 15 hours or more a week, including the employment of two persons to fill one 13 permanent full-time position; these employees shall be designated as permanent part- 14 time employees; 15 (21) the granting of employment preference to individuals with severe 16 disabilities; this includes the right to provisional appointment without competitive 17 assessment for periods of up to four months and the granting of eligibility to an 18 individual with a severe disability provisionally appointed under the rules who 19 demonstrates ability to perform the job for permanent appointment without 20 competitive assessment; provisional employment under this paragraph may not exceed 21 four months during a 12-month period; "individual with a severe disability," as used in 22 this paragraph, means an individual certified by the director of the division of 23 vocational rehabilitation to be severely disabled; 24 (22) the establishment of programs facilitating the employment of 25 disadvantaged persons; 26 (23) the delegation, when feasible, of personnel responsibilities and 27 duties to the principal departments of the executive branch; 28 (24) the establishment of a transition period of up to 12 months for an 29 employee to be reappointed to a classified position if the employee's position is 30 withdrawn from the partially exempt or exempt service and placed in the classified 31 service;
01 (25) other rules and administrative regulations, not inconsistent with 02 this chapter, that are necessary for its enforcement. 03 * Sec. 6. AS 39.25.159(a) is amended to read: 04 (a) A veteran or former prisoner of war who possesses the necessary 05 qualifications for a position or job classification applied for under this chapter is 06 entitled to an employment [A] preference as follows: 07 (1) in [UNDER THIS SUBSECTION. IN] an assessment using 08 numerical ratings, points equal to five percent of the points available from the 09 assessment device or devices shall be added to the passing score of a veteran, and 10 points equal to 10 percent of the points available from the assessment device or 11 devices shall be added to the passing score of a disabled veteran or former prisoner of 12 war; 13 (2) in [. IN] an assessment not using numerical ratings, consideration 14 shall be afforded to a veteran; additionally, an opportunity to interview for the position 15 shall be afforded to a disabled veteran or a former prisoner of war. [A PERSON MAY 16 RECEIVE PREFERENCE UNDER ONLY ONE OF THE CATEGORIES 17 DESCRIBED IN THIS SUBSECTION OR IN (c) OF THIS SECTION. A PERSON 18 MAY USE THE PREFERENCE WITHOUT LIMITATION WHEN BEING 19 CONSIDERED FOR A POSITION FOR WHICH PERSONS WHO ARE NOT 20 CURRENTLY STATE EMPLOYEES ARE BEING CONSIDERED. IF THE 21 RECRUITMENT FOR A POSITION IS LIMITED TO STATE EMPLOYEES, 22 PREFERENCE UNDER THIS SUBSECTION MAY NOT BE COUNTED. IF A 23 POSITION IN THE CLASSIFIED SERVICE IS ELIMINATED, EMPLOYEES 24 SHALL BE RELEASED IN ACCORDANCE WITH RULES ADOPTED UNDER 25 AS 39.25.150(13). IN THE CASE OF A COMPARISON OF EMPLOYEES WITH 26 EQUAL QUALIFICATIONS ON THE FACTORS ADOPTED UNDER 27 AS 39.25.150(13), A VETERAN OR FORMER PRISONER OF WAR SHALL BE 28 GIVEN PREFERENCE OVER A PERSON WHO IS NOT A VETERAN OR 29 FORMER PRISONER OF WAR, AND THE VETERAN OR FORMER PRISONER 30 OF WAR SHALL BE KEPT ON THE JOB. THIS SUBSECTION MAY NOT BE 31 INTERPRETED TO AMEND THE TERMS OF A COLLECTIVE BARGAINING
01 AGREEMENT.] 02 * Sec. 7. AS 39.25.159(c) is amended to read: 03 (c) A member of the national guard who possesses the necessary qualifications 04 for a position or job classification applied for under this chapter is entitled to an 05 employment [A] preference as follows: 06 (1) in [UNDER THIS SUBSECTION. IN] an assessment using 07 numerical ratings, points equal to five percent of the points available from the 08 assessment device or devices shall be added to the passing score of a member of the 09 national guard; 10 (2) in [. IN] an assessment not using numerical ratings, consideration 11 shall be afforded to a member of the national guard. [A PERSON MAY USE THE 12 PREFERENCE WITHOUT LIMITATION WHEN BEING CONSIDERED FOR A 13 POSITION FOR WHICH PERSONS WHO ARE NOT CURRENTLY STATE 14 EMPLOYEES ARE BEING CONSIDERED. IF THE RECRUITMENT FOR A 15 POSITION IS LIMITED TO STATE EMPLOYEES, PREFERENCE UNDER THIS 16 SUBSECTION MAY NOT BE COUNTED. IF A POSITION IN THE CLASSIFIED 17 SERVICE IS ELIMINATED, EMPLOYEES SHALL BE RELEASED IN 18 ACCORDANCE WITH RULES ADOPTED UNDER AS 39.25.150(13). IN THE 19 CASE OF A COMPARISON OF EMPLOYEES WITH EQUAL QUALIFICATIONS 20 ON THE FACTORS ADOPTED UNDER AS 39.25.150(13), A MEMBER OF THE 21 NATIONAL GUARD SHALL BE GIVEN PREFERENCE OVER A PERSON WHO 22 IS NOT A VETERAN, A FORMER PRISONER OF WAR, OR A MEMBER OF 23 THE NATIONAL GUARD. THIS SUBSECTION MAY NOT BE INTERPRETED 24 TO AMEND THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT. IN 25 THIS SUBSECTION, "MEMBER OF THE NATIONAL GUARD" MEANS A 26 PERSON WHO IS PRESENTLY SERVING AS A MEMBER OF THE ALASKA 27 NATIONAL GUARD AND WHO HAS AT LEAST EIGHT YEARS OF SERVICE 28 IN THE ALASKA NATIONAL GUARD.] 29 * Sec. 8. AS 39.25.159(d) is amended by adding a new paragraph to read: 30 (5) "member of the national guard" means a person who is presently 31 serving as a member of the Alaska National Guard and who has at least eight years of
01 service in the Alaska National Guard. 02 * Sec. 9. AS 39.25.159 is amended by adding new subsections to read: 03 (e) A person may receive an employment preference under only one of the 04 categories described in (a) or (c) of this section. A person may use the preference 05 without limitation when being considered for a position for which persons who are not 06 currently state employees are being considered. If the recruitment for a position is 07 limited to state employees, preference under (a) or (c) of this section may not be 08 counted. If a position in the classified service is eliminated, employees shall be 09 released in accordance with rules adopted under AS 39.25.150(13). In the case of a 10 comparison of employees with equal qualifications on the factors adopted under 11 AS 39.25.150(13), a veteran, former prisoner of war, or member of the national guard 12 shall be given preference over a person who is not a veteran, former prisoner of war, 13 or member of the national guard, and the veteran, former prisoner of war, or member 14 of the national guard shall be kept on the job. 15 (f) Subsections (a), (c), and (e) of this section may not be interpreted to amend 16 the terms of a collective bargaining agreement. 17 * Sec. 10. AS 44.35 is amended by adding a new section to read: 18 Sec. 44.35.035. Alaska veterans' cemeteries. (a) The department may, subject 19 to the requirements of 38 U.S.C. 2408, establish and maintain Alaska veterans' 20 cemeteries in the state to serve state veterans and spouses and eligible dependents of 21 state veterans. 22 (b) The department may accept gifts, donations, and grants, including land, 23 under AS 26.10.030 for the purpose of establishing and maintaining Alaska veterans' 24 cemeteries. Land received by the department for an Alaska veterans' cemetery shall be 25 owned by the state. 26 (c) The department shall, in consultation with the Alaska Veterans' Advisory 27 Council, 28 (1) receive the plot or interment allowance on behalf of the state under 29 38 U.S.C. 2303; 30 (2) comply with all requirements for a state veterans' cemetery grant 31 established by the United States Department of Veterans Affairs under 38 U.S.C.
01 2408; and 02 (3) apply to the United States Department of Veterans Affairs for state 03 veterans' cemetery grants under 38 U.S.C. 2408. 04 (d) The department may 05 (1) adopt regulations necessary to administer Alaska veterans' 06 cemeteries; 07 (2) enter into agreements with political subdivisions of the state and 08 other persons for the maintenance and operation of Alaska veterans' cemeteries; and 09 (3) solicit gifts, donations, and grants in addition to a state veterans' 10 cemetery grant in (c) of this section that may be designated for the establishment and 11 maintenance of an Alaska veterans' cemetery and received by the department under 12 AS 26.10.030. 13 (e) In this section, "department" means the Department of Military and 14 Veterans' Affairs.