SB 152: "An Act relating to civil actions by and compensation for certain state employees; and providing for an effective date."
00SENATE BILL NO. 152 01 "An Act relating to civil actions by and compensation for certain state employees; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.50.250 is amended by adding a new subsection to read: 05 (b) This section does not allow a civil action by an employee of the state that 06 is prohibited under AS 23.30.055. 07 * Sec. 2. AS 23.40.075 is amended by adding a new subsection to read: 08 (b) Notwithstanding AS 23.40.070(2), the parties may negotiate terms that 09 permit an employee to advance in salary from one step to another or otherwise receive 10 a salary increase based on longevity in service or merit, other than an increase under 11 AS 39.27.022, only if 12 (1) the employee has been employed in the position for at least 12 13 months; 14 (2) the commissioner of the department or the chief executive officer
01 of the agency, if the employee is employed by a public corporation or another quasi- 02 independent state agency, in which the employee is employed has approved the increase or 03 other advancement; and 04 (3) the advancement or increase is based on the employee's exceptional 05 performance during the year. 06 * Sec. 3. AS 29.60.160(a) is amended to read: 07 (a) Payments to a municipality or other eligible recipient under AS 29.60.110 08 - 29.60.130 shall reflect area cost-of-living differentials. Payments shall be based on 09 the sum of per capita, per mile, and per bed or facility grants due each municipality 10 or other recipient multiplied by the appropriate area cost-of-living differential. The 11 area cost-of-living differential for each recipient shall be determined annually by 12 election district under the provisions of former AS 39.27.020 and AS 39.27.030. 13 Application of the area cost-of-living differential may not result in distribution of an 14 amount less than the amount of the payment determined without reference to 15 application of this section. 16 * Sec. 4. AS 29.60.290(b) is amended to read: 17 (b) The area cost-of-living differential payable to each municipality under this 18 section shall be determined annually by election district under the provisions of former 19 AS 39.27.020 and AS 39.27.030. Except as provided in AS 29.60.300, application of 20 the area cost-of-living differential may not result in a payment that is less than the 21 minimum payment determined under (a) of this section. For purposes of this 22 subsection, the election districts used are those designated by the proclamation of 23 reapportionment and redistricting of December 7, 1961, and retained for the house of 24 representatives by proclamation of the governor September 3, 1965. 25 * Sec. 5. AS 39.20.240 is amended to read: 26 Sec. 39.20.240. Accumulation of personal leave. Except as provided in 27 AS 39.20.225(c) , at the end of a calendar year, no more than 165 hours of personal 28 leave that is not taken by an officer or employee [DURING A 12-MONTH] period 29 accumulates for use in succeeding 12-month periods. 30 * Sec. 6. AS 39.27.011 is amended by adding a new subsection to read: 31 (h) An employee is not eligible for a step increase based on the salary
01 schedule under this section unless the employee has been employed in the position for 02 at least 12 months and unless the step increase is approved by the commissioner of the 03 department in which the employee is employed based on the employee's exceptional 04 performance during the year. An employee employed by a public corporation of the 05 state or another quasi-independent state agency is eligible for a step increase only if 06 the increase is approved by the chief executive officer of the agency. 07 * Sec. 7. AS 39.27 is amended by adding a new section to read: 08 Sec. 39.27.021. Pay differentials by election district and in other states. 09 (a) The following pay differentials are approved as an amendment to the basic salary 10 schedules provided in AS 39.27.011: 11 Percentage Pay Geographic Areas 12 Differential (Election Districts) 13 0 1, 2, 3, 4, 7, 8, 9, and 10 14 4 16a (Fairbanks South of the Arctic Circle except 15 the duty stations of Tok and Delta Junction) 16 5 5 17 9 11 18 11 6 19 16 16b (the duty stations of Tok and Delta Junction) 20 20 15b (the duty station of Nenana) 21 27 12 and 13 22 30 15a (Yukon-Kuskokwim except the duty station of Nenana) and 19 23 34 18 24 38 14 25 42 16c (Fort-Yukon - North of the Arctic Circle) and 17 26 -13 Seattle-Tacoma 27 (b) For purposes of (a) of this section, "election district" means an election 28 district designated in the governor's proclamation of reapportionment and redistricting 29 of December 7, 1961. 30 (c) The director of the division of personnel shall establish salary differentials 31 for positions in other states or foreign countries. The differentials shall be adjusted
01 annually, effective July 1, to maintain equitable relationships between salaries for 02 positions in other states or foreign countries and salaries for positions in Alaska. 03 * Sec. 8. AS 39.27.030 is amended to read: 04 Sec. 39.27.030. Cost-of-living survey. Subject to an appropriation for this 05 purpose, the director shall conduct a survey, at least every five years, to review the pay 06 differentials established in AS 39.27.021 [AS 39.27.020]. The survey may address 07 factors, as determined by the director, that are also relevant in review of state salary 08 schedules, entitlement for beneficiaries of state programs, and payments for state 09 service providers. The survey must reflect the costs of living in various election 10 districts of the state, and Seattle, Washington, by using the cost of living in Anchorage 11 as a base. 12 * Sec. 9. AS 39.27.045 is amended to read: 13 Sec. 39.27.045. Definition. In AS 39.27.021 - 39.27.045 [AS 39.27.020 - 14 39.27.030], "director" means the director of the division of personnel. 15 * Sec. 10. AS 39.30 is amended by adding a new section to read: 16 Sec. 39.30.165. Limitation on participation by state employees. A state 17 employee may participate in the supplemental benefits program under AS 39.50.150 - 18 39.50.180 only if 19 (1) the employee was in pay status, on approved leave without pay, or 20 on seasonal leave without pay on June 30, 1999; 21 (2) the state made a contribution to the system under AS 39.30.150 - 22 39.30.180 for the pay period that included June 30, 1999, for that employee or, in the 23 case of an employee on approved leave without pay or on seasonal leave without pay, 24 the state made a contribution for the last pay period that the employee worked before 25 beginning the leave; and 26 (3) the employee remains continuously employed by the state after 27 June 30, 1999; for purposes of this paragraph, an employee is continuously employed 28 if the employee is in pay status, on approved leave of absence, or on seasonal leave 29 without pay. 30 * Sec. 11. AS 39.35.675(d) is amended to read: 31 (d) In this section , "cost-of-living differential" means an adjustment to salary
01 based on the cost of living in the geographic region where the employee works and 02 includes a pay step differential under former AS 39.27.020 or a pay differential 03 under AS 39.27.021 . 04 * Sec. 12. AS 39.27.020 is repealed. 05 * Sec. 13. Notwithstanding the amendment to AS 39.20.240, made by sec. 5 of this Act, 06 an officer or employee may retain accumulated leave earned before the effective date of this 07 Act for use in succeeding years. 08 * Sec. 14. APPLICABILITY. (a) Section 1 of this Act applies to a civil action that 09 accrues on or after July 1, 1999. 10 (b) Nothing in this Act modifies or terminates a collective bargaining agreement in 11 effect on the effective date of this Act. 12 * Sec. 15. This Act takes effect July 1, 1999.