SB 90: "An Act establishing the Public Officers Compensation Commission; relating to the compensation of the governor, lieutenant governor, members of the legislature, heads of the principal departments of the executive branch of government, supreme court justices, judges of the court of appeals, judges of the superior court, and district court judges; and providing for an effective date."
00SENATE BILL NO. 90 01 "An Act establishing the Public Officers Compensation Commission; relating to 02 the compensation of the governor, lieutenant governor, members of the legislature, 03 heads of the principal departments of the executive branch of government, 04 supreme court justices, judges of the court of appeals, judges of the superior 05 court, and district court judges; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 22.05.140(a) is repealed and reenacted to read: 08 (a) The compensation of a supreme court justice shall be established by order 09 of the Public Officers Compensation Commission. 10 * Sec. 2. AS 22.07.090(a) is repealed and reenacted to read: 11 (a) The compensation of a judge of the court of appeals shall be established 12 by order of the Public Officers Compensation Commission. The compensation of a 13 judge may not be diminished during the term of office, unless by general law applying 14 to all salaried officers of the state.
01 * Sec. 3. AS 22.10.190(a) is repealed and reenacted to read: 02 (a) The compensation of a superior court judge shall be established by order 03 of the Public Officers Compensation Commission. 04 * Sec. 4. AS 22.15.220(a) is repealed and reenacted to read: 05 (a) The compensation of a district court judge shall be established by order of 06 the Public Officers Compensation Commission. 07 * Sec. 5. AS 22.15.230 is amended to read: 08 Sec. 22.15.230. ADDITIONAL COMPENSATION. Subject to rule of the 09 supreme court, a [DISTRICT JUDGE OR] magistrate shall receive a per diem 10 allowance and a transportation allowance commensurate with that authorized for other 11 state employees. 12 * Sec. 6. AS 24.10.100 is repealed and reenacted to read: 13 Sec. 24.10.100 SALARY OF LEGISLATORS. The salary for a member of 14 the legislature shall be established by order of the Public Officers Compensation 15 Commission. The commission may authorize per diem for legislators. The 16 commission may also authorize additional compensation for the president of the senate 17 and the speaker of the house of representatives. 18 * Sec. 7. AS 24.10.120 is amended to read: 19 Sec. 24.10.120. METHOD OF PAYMENT. Salaries, per diem if authorized 20 by order of the Public Officers Compensation Commission, and additional 21 allowances for members of the legislature shall be paid by warrants drawn on vouchers 22 approved by the legislative fiscal officer. The legislative fiscal officer shall, by 23 January 31 of each year, file with the legislature's fiscal office a report of all vouchers 24 approved for payment under this section during the preceding calendar year. The 25 report must include [PROVIDE], by legislator, the date of each voucher, the amount 26 paid, and the basis for approval for payment. The report is a public record. 27 * Sec. 8. AS 24.10.130(c) is amended to read: 28 (c) The Alaska Legislative Council shall adopt a policy regarding 29 reimbursement for moving expenses applicable to all legislators [AND AN 30 APPLICABLE PER DIEM ALLOWANCE POLICY]. The policy must set conditions 31 for the reimbursement for moving expenses [AND PAYMENT OF PER DIEM] and
01 prescribe the amounts of reimbursement adapted to the special needs of the legislative 02 branch as determined by the council. 03 * Sec. 9. AS 39.20.010 is repealed and reenacted to read: 04 Sec. 39.20.010. COMPENSATION OF GOVERNOR. The compensation of 05 the governor shall be established by order of the Public Officers Compensation 06 Commission. 07 * Sec. 10. AS 39.20.030 is repealed and reenacted to read: 08 Sec. 39.20.030. COMPENSATION OF LIEUTENANT GOVERNOR. The 09 compensation of the lieutenant governor shall be established by order of the Public 10 Officers Compensation Commission. 11 * Sec. 11. AS 39.20.050 is amended to read: 12 Sec. 39.20.050. EXCLUSIVE COMPENSATION. The compensation 13 established by order of the Public Officers Compensation Commission and other 14 benefits established [FIXED] by law for the governor and lieutenant governor are 15 compensation [IS] in full for all services rendered by each of them in any official 16 capacity or employment whatsoever during their respective terms of office, and shall 17 be paid throughout their respective terms of office unless the office becomes vacant. 18 * Sec. 12. AS 39.20.080(a) is repealed and reenacted to read: 19 (a) The compensation of the head of each principal executive department shall 20 be established by order of the Public Officers Compensation Commission. 21 * Sec. 13. AS 39.23 is amended by adding a new section to read: 22 Sec. 39.23.201. COMPENSATION COMMISSION ESTABLISHED. (a) The 23 Public Officers Compensation Commission is established in the Office of the 24 Governor. The commission is composed of seven members appointed by the governor. 25 Members serve staggered terms of four years. Commission membership shall include 26 at least one business executive, one person with experience in public administration, 27 one representative of a nonpartisan voters' organization, one representative of a labor 28 organization, and one lawyer. A vacancy shall be filled for the balance of the 29 unexpired term. A commission member may serve no more than two complete 30 consecutive terms. 31 (b) The commission shall elect a member to chair its meetings. A majority
01 of the commission members constitutes a quorum to transact business. The affirmative 02 vote of four members is required to approve the commission's report or an order on 03 compensation. 04 (c) The commission shall meet every other year at the call of the chair. Notice 05 of a meeting shall be mailed to each member at least 15 days before the date 06 scheduled for the meeting. 07 (d) The commission shall hold a public hearing to discuss its findings before 08 submitting its report or an order to the legislature. 09 * Sec. 14. AS 39.23.230(a) is amended to read: 10 (a) If requested by the commission, the Department of Administration 11 [LEGISLATIVE AFFAIRS AGENCY] shall provide staff for the commission. 12 * Sec. 15. AS 39.23 is amended by adding a new section to read: 13 Sec. 39.23.241. DUTIES OF THE COMMISSION. (a) The commission shall 14 review the compensation of the governor, lieutenant governor, members of the 15 legislature, heads of the principal departments of the executive branch of state 16 government, supreme court justices, judges of the court of appeals, judges of the 17 superior court, and district court judges. The commission shall submit a report to the 18 legislature on its findings every odd-numbered year no later than the 10th day of the 19 regular session of the legislature. A commission member who does not concur in the 20 report may file a minority report. 21 (b) If the commission finds that compensation over which it has jurisdiction 22 should change, the commission shall submit an order with the report making changes 23 to the compensation. Before submitting a report or order on compensation, the 24 commission shall give reasonable public notice of its preliminary findings, solicit 25 public comments, and give due regard to the public comments. 26 (c) An order changing the compensation of a public officer takes effect unless 27 a bill disapproving the order in its entirety is enacted into law within 60 days after the 28 order is submitted to the legislature. Unless disapproved, an order increasing the 29 compensation of a public officer is subject to funding through legislative appropriation 30 and takes effect on the later of January 1 of the next calendar year and the effective 31 date of the first appropriation to fund the increase. Unless disapproved and except as
01 provided in (d) of this section, an order decreasing the compensation of a public 02 officer takes effect January 1 of the next calendar year. 03 (d) An order decreasing the compensation of persons currently holding office 04 as the governor, lieutenant governor, justices of the supreme court, or judges of the 05 court of appeals, superior court, or district court takes effect on the later of 06 (1) January 1 of the next calendar year; and 07 (2) the effective date of a general law, applying to all salaried officers 08 of the state that diminishes compensation but only if the order is consistent with the 09 general law. 10 * Sec. 16. AS 39.23.250 is amended to read: 11 Sec. 39.23.250. FILING WITH LIEUTENANT GOVERNOR AND 12 CERTIFICATION. The commission shall, upon transmitting an order on [ITS FINAL 13 RECOMMENDATIONS FOR THE] compensation [OF LEGISLATORS] to the 14 legislature, file the order [RECOMMENDATIONS] in the office of the lieutenant 15 governor. When the order becomes [RECOMMENDATIONS BECOME] effective, 16 the commission shall certify the copy of the order [RECOMMENDATIONS] on file 17 in the office of the lieutenant governor. 18 * Sec. 17. AS 39.23.260 is amended to read: 19 Sec. 39.23.260. POLICY OF THE LEGISLATURE. It is the policy of the 20 legislature that the commission determine an equitable rate and form of compensation 21 [, BENEFITS, AND ALLOWANCES] for the governor, lieutenant governor, 22 members of the legislature, heads of the principal departments of the executive 23 branch of state government, supreme court justices, judges of the court of 24 appeals, judges of the superior court, and district court judges. In determining 25 the compensation for each office, the commission shall consider the following 26 factors: 27 (1) the skill required; 28 (2) the time required; 29 (3) the opportunity for other earned income; 30 (4) the value of public services as performed in other states and in 31 the federal government;
01 (5) the value of similar services when performed in the private 02 sector of this state and in other states based on the responsibility and discretion 03 required in the office; 04 (6) the reasonable expenses incurred in performing the public 05 service; 06 (7) the percentage change in the Consumer Price Index for 07 Anchorage, Alaska, as determined by the United States Department of Labor, 08 Bureau of Labor Statistics since the last compensation adjustment; 09 (8) the compensation presently received by the public officers and 10 all other benefits received; 11 (9) the interests and welfare of the public and the financial ability 12 of the state to meet the costs; 13 (10) the geographic cost-of-living based on a public officer's 14 primary place of assignment; 15 (11) the cost-of-living differential between Anchorage, Alaska, and 16 other locations in the United States; and 17 (12) other factors that are normally or traditionally considered in 18 the determination of compensation [LEGISLATORS]. 19 * Sec. 18. AS 39.23 is amended by adding a new section to read: 20 Sec. 39.23.401. DEFINITIONS. In this chapter, 21 (1) "commission" means the Public Officers Compensation 22 Commission; 23 (2) "compensation" means the salary and per diem paid a public officer. 24 * Sec. 19. AS 22.05.140(c), 22.05.140(d); AS 22.07.090(c); AS 22.10.190(c), 22.10.190(d); 25 AS 22.15.220(d), and 22.15.220(e) are repealed. 26 * Sec. 20. AS 39.23.200, 39.23.240, and 39.23.400 are repealed. 27 * Sec. 21. AS 24.10.101 and 24.10.130(b) are repealed. 28 * Sec. 22. Notwithstanding AS 39.05.055(5) and the provisions of AS 39.23.201, enacted 29 by sec. 13 of this Act, one of the initial members appointed to the Public Officers 30 Compensation Commission shall serve a one-year term, two members shall serve two-year 31 terms, two members shall serve three-year terms, and two members shall serve four-year
01 terms. 02 * Sec. 23. Notwithstanding the requirement in AS 39.23.201(c), enacted by sec. 13 of this 03 Act, that the commission meet every other year, and the requirement in AS 39.23.241(a), 04 enacted by sec. 15 of this Act, that the Public Officers Compensation Commission submit 05 reports in odd-numbered years, the commission shall submit its first report concerning the 06 compensation of public officers no later than the 10th day of the regular session of the 07 legislature immediately following the enactment of this Act. Thereafter, the commission shall 08 meet in even-numbered years under AS 39.23.201(c) and submit reports in odd-numbered 09 years under AS 39.23.241(a). 10 * Sec. 24. When the Public Officers Compensation Commission files its first order 11 changing the compensation of justices of the supreme court or judges of the court of appeals, 12 superior court, or district court, it shall address the compensation of all of those public offices 13 in the order. The commission shall include both the governor and the lieutenant governor in 14 the first order it issues addressing the compensation of either of those public offices. 15 * Sec. 25. Sections 1 - 5 and 19 of this Act take effect on the date that the first order 16 changing the compensation of justices and judges issued by the Public Officers Compensation 17 Commission takes effect. 18 * Sec. 26. Sections 6 - 8, and 21 of this Act take effect on the date that the first order 19 changing the compensation of members of the legislature issued by the Public Officers 20 Compensation Commission takes effect. 21 * Sec. 27. Sections 9 - 11 of this Act take effect on the date that the first order changing 22 the compensation of the governor and the lieutenant governor issued by the Public Officers 23 Compensation Commission takes effect. 24 * Sec. 28. Section 12 of this Act takes effect on the date that the first order changing the 25 compensation of the heads of the principal departments of the executive branch of state 26 government issued by the Public Officers Compensation Commission takes effect. 27 * Sec. 29. Sections 13 - 18, 20, and 22 - 24 of this Act take effect immediately under 28 AS 01.10.070(c).