Section 43.82.230. Contract terms relating to hiring of Alaska residents and contracting with Alaska businesses.

   (a) The commissioner shall include in a contract under AS 43.82.020 a term requiring the qualified sponsor or qualified sponsor group and contractors of the qualified sponsor or qualified sponsor group to comply with all valid federal, state, and municipal laws relating to hiring Alaska residents and contracting with Alaska businesses to work in the state on the approved qualified project and not to discriminate against Alaska residents or Alaska businesses. Within the constraints of law, the commissioner shall also include in a contract under AS 43.82.020 a term that requires the qualified sponsor or qualified sponsor group and contractors of the qualified sponsor or qualified sponsor group to employ Alaska residents and to contract with Alaska businesses to work in the state on the approved qualified project to the extent the residents and businesses are available, competitively priced, and qualified.
   (b) The commissioner shall include in a contract under AS 43.82.020 a term requiring the qualified sponsor or qualified sponsor group and contractors of the qualified sponsor or qualified sponsor group to
        (1) advertise for available positions in newspapers in the location where the work is to be performed and in other publications distributed throughout the state, including in rural areas; and
        (2) use Alaska job service organizations located throughout the state and not just in the location where the work is to be performed in order to notify Alaskans of work opportunities on the approved qualified project.
   (c) Subject to the voluntary agreement of the qualified sponsor, the commissioner may include a term in the contract providing for incentives to encourage training and hiring of Alaska residents.
   (d) This section does not create or abridge individual rights and does not create a private right of action for any person.
   (e) For purposes of this section,
        (1) "Alaska business" means a firm or contractor that
             (A) has held an Alaska business license for the preceding 12 months;
             (B) maintains, and has maintained for the preceding 12 months, a place of business in the state that competently and professionally deals in supplies, services, or construction of the nature required for the approved qualified project; and
             (C) is
                  (i) a sole proprietorship and the proprietor is an Alaska resident;
                  (ii) a partnership and more than 50 percent of the partnership interest is held by Alaska residents;
                  (iii) a limited liability company and more than 50 percent of the membership interest is held by Alaska residents;
                  (iv) a corporation that has been incorporated in the state or is authorized to do business in the state; or
                  (v) a joint venture and a majority of the venturers qualify as Alaska businesses under this paragraph;
        (2) "Alaska job service organizations" means those offices maintained by the state and recommended by the Department of Labor and Workforce Development whose functions are to aid the unemployed or underemployed in finding employment;
        (3) "Alaska resident" means a natural person who
             (A) receives a permanent fund dividend under AS 43.23; or
             (B) is registered to vote under AS 15 and qualifies for a resident fishing, hunting, or trapping license under AS 16;
        (4) "available," as applied to an Alaska resident or Alaska business, means that the resident or business is available for employment at the time required and is located anywhere in the state, not just in the area of the state where the work is to be performed;
        (5) "qualified," as applied to an Alaska resident or Alaska business, means that the resident or business possesses the requisite education, training, skills, certification, or experience to perform the work necessary for a particular position or to perform a particular service.

Authorities

43.82.200;43.82.640

Notes

Recent Bills that will modify this

HB 365 INCOME TAX; PERMANENT FUND TAX CREDIT

References

AS 43.82.200 Contract development.
AS 43.82.640 Annual report of the commissioner of labor and workforce development.

History

(Sec. 3 ch 104 SLA 1998)