Governmental entities as defined in § 28-42-3 shall not be deemed to be employing units subject to chapters 39 — 41 of this title and services performed in the employ of those governmental entities shall not be deemed to be employment subject to those chapters; provided, that certain governmental entities may elect to become subject to chapters 39 — 41 of this title in accordance with §§ 28-39-3.1 and 28-39-3.2. Unionized state employees may elect to become subject to chapters 39 — 41 of this title through the collective bargaining process.
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