Alaska 2025-2026 Regular Session

Alaska House Bill HB130 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0130a -1- HB 130
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11	11	HOUSE BILL NO. 130
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
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15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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17	17	BY REPRESENTATIVE JOSEPHSON
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19	19	Introduced: 3/10/25
20	20	Referred: State Affairs, Finance
21	21
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23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to flexible time credit for classified employees in the executive branch 1
28	28	who are not eligible for overtime compensation." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. AS 39.20 is amended by adding a new section to read: 4
31	31	Article 3A. Flexible Time Credit. 5
32	32	Sec. 39.20.355. Flexible time credit for classified employees who are not 6
33	33	eligible for overtime compensation. (a) The state shall grant time off with pay in the 7
34	34	form of a flexible time credit to a classified employee in the executive branch of state 8
35	35	government who is not eligible for overtime compensation in recognition of excessive 9
36	36	time worked by the employee. The state shall provide flexible time credit as follows: 10
37	37	(1) flexible time credit accrues for each hour or fraction of an hour 11
38	38	worked in excess of the employee's standard workweek; 12
39	39	(2) flexible time credits shall be credited in quarter hour increments; 13
40	40	(3) flexible time credit has no cash value and is canceled without 14 34-LS0582\N
41	41	HB 130 -2- HB0130a
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44	44	payment upon the employee's separation from state service or applicable bargaining 1
45	45	unit; 2
46	46	(4) flexible time credit does not accrue for time covered by a pay 3
47	47	premium or pay plan designed to compensate an employee who, as part of the 4
48	48	employee's job duties, must stay at the worksite for a period longer than 24 hours, 5
49	49	including time spent eating, sleeping, and working. 6
50	50	(b) A policy adopted by an employer or an applicable collective bargaining 7
51	51	agreement may establish additional terms and conditions related to the accrual and use 8
52	52	of flexible time credits, including a method of resolving disputes, for an employee. 9
53	53	* Sec. 2. AS 39.25.150 is amended to read: 10
54	54	Sec. 39.25.150. Scope of the rules. The personnel rules must provide for 11
55	55	(1) the preparation, maintenance, and revision, by the director of 12
56	56	personnel, subject to approval of the commissioner of administration and the 13
57	57	personnel board, of a position classification plan for all positions in the classified and 14
58	58	partially exempt services; the position classification plan must include 15
59	59	(A) a grouping together of all positions into classes on the basis 16
60	60	of duties and responsibilities; 17
61	61	(B) an appropriate title, a description of the duties and 18
62	62	responsibilities, training and experience qualifications, and other necessary 19
63	63	specifications for each class of positions; 20
64	64	(2) the preparation, maintenance, revision, and administration by the 21
65	65	director of personnel of a pay plan for all positions in the classified and partially 22
66	66	exempt services; the pay plan (A) shall be based on the position classification plan; 23
67	67	(B) must provide for fair and reasonable compensation for services rendered, and 24
68	68	reflect the principle of like pay for like work; (C) may be amended, approved, or 25
69	69	disapproved by the legislature in regular or special session; after the pay plan is in 26
70	70	effect, a salary or wage payment may not be made to a state employee covered by the 27
71	71	plan unless the payment is in accordance with this chapter and the rules adopted under 28
72	72	this chapter or unless the payment is in accordance with a valid agreement entered into 29
73	73	in accordance with AS 23.40; 30
74	74	(3) the use of employee selection methods, including open competitive 31 34-LS0582\N
75	75	HB0130a -3- HB 130
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78	78	assessment devices, when appropriate, that will fairly evaluate the capacity and fitness 1
79	79	of the person assessed to discharge the duties of the position in which employment is 2
80	80	sought; 3
81	81	(4) the formulation of a list for appointment and promotion to a 4
82	82	position; 5
83	83	(5) the procedure for filling positions; the rule adopted under this 6
84	84	paragraph may include procedures providing a preference for local residents when 7
85	85	appropriate; 8
86	86	(6) promotions from within the state service when there are qualified 9
87	87	candidates in the state service; vacancies shall be filled by promotion whenever 10
88	88	practicable and in the best interest of the state service, and promotion shall be by 11
89	89	competitive assessment whenever possible; in considering promotions, the applicants' 12
90	90	qualifications, performance records, seniority, and conduct shall be evaluated; 13
91	91	(7) a period of probation not to exceed one year before an appointment 14
92	92	to a position becomes permanent, unless the period of probation is extended as set out 15
93	93	in a collective bargaining agreement under AS 23.40; however, a permanent employee 16
94	94	receiving a promotional appointment retains permanent status in the service and job 17
95	95	class from which appointed for the duration of the probationary period and may be 18
96	96	demoted to a former class without right of appeal, notwithstanding AS 39.25.170, but, 19
97	97	if the employee is dismissed from the service, the appeal rights under AS 39.25.170 20
98	98	apply; 21
99	99	(8) nonpermanent and emergency appointments to positions in the 22
100	100	state service in accordance with AS 39.25.195 - 39.25.200; 23
101	101	(9) provisional appointment without competitive assessment when the 24
102	102	recruitment and assessment procedures have not identified qualified candidates in 25
103	103	sufficient number; 26
104	104	(10) transfers from one department to another and from another merit 27
105	105	system jurisdiction to the state service; 28
106	106	(11) transfers from one area of the state to another; 29
107	107	(12) the reinstatement of a person who resigns in good standing; 30
108	108	(13) layoffs for reason of lack of money or work, abolition of 31 34-LS0582\N
109	109	HB 130 -4- HB0130a
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112	112	positions, or material changes in duties or organization; both performance and 1
113	113	seniority records shall be considered in the development of layoff orders; 2
114	114	(14) the development, maintenance, and use of employee performance 3
115	115	records; 4
116	116	(15) the establishment of disciplinary measures, which may include 5
117	117	disciplinary suspension without pay; 6
118	118	(16) the procedures for review of disputed personnel actions, for 7
119	119	resolving employee and interagency grievances, and for resolving grievances of the 8
120	120	general public concerning the operation of the state personnel system; 9
121	121	(17) hours of work for all employees in the state service; 10
122	122	(18) methods and procedures covering overtime work and pay; 11
123	123	(19) the granting of employment preference rights, not within the area 12
124	124	of promotion, under AS 39.25.159; 13
125	125	(20) the employment of persons in permanent positions on a part-time 14
126	126	basis of 15 hours or more a week, including the employment of two persons to fill one 15
127	127	permanent full-time position; these employees shall be designated as permanent part- 16
128	128	time employees; 17
129	129	(21) the granting of employment preference to individuals with severe 18
130	130	disabilities; this includes the right to provisional appointment without competitive 19
131	131	assessment for periods of up to four months and the granting of eligibility to an 20
132	132	individual with a severe disability provisionally appointed under the rules who 21
133	133	demonstrates ability to perform the job for permanent appointment without 22
134	134	competitive assessment; provisional employment under this paragraph may not exceed 23
135	135	four months during a 12-month period; "individual with a severe disability," as used in 24
136	136	this paragraph, means an individual certified by the director of the division of 25
137	137	vocational rehabilitation to be severely disabled; 26
138	138	(22) the establishment of programs facilitating the employment of 27
139	139	disadvantaged persons; 28
140	140	(23) the delegation, when feasible, of personnel responsibilities and 29
141	141	duties to the principal departments of the executive branch; 30
142	142	(24) the establishment of a transition period of up to 12 months for an 31 34-LS0582\N
143	143	HB0130a -5- HB 130
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146	146	employee to be reappointed to a classified position if the employee's position is 1
147	147	withdrawn from the partially exempt or exempt service and placed in the classified 2
148	148	service; 3
149	149	(25) a procedure allowing an applicant who is a veteran, former 4
150	150	prisoner of war, or member of the national guard under AS 39.25.159 to substitute 5
151	151	military work experience or training for a nonmilitary work experience or training 6
152	152	requirement of a position if the military experience or training meets or exceeds the 7
153	153	position requirement; 8
154	154	(26) other rules and administrative regulations, not inconsistent with 9
155	155	this chapter, that are necessary for its enforcement; 10
156	156	(27) methods and procedures covering flexible time credit for 11
157	157	classified employees who are not eligible for overtime compensation. 12
158	158	* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 13
159	159	read: 14
160	160	APPLICABILITY. AS 39.20.355, enacted by sec. 1 of this Act, applies to contracts 15
161	161	entered into on or after the effective date of this Act. 16