00                      CS FOR SENATE BILL NO. 65(FIN)                                                                    
01 "An Act requiring a study regarding equal pay for equal work of certain state                                           
02 employees."                                                                                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
05 to read:                                                                                                                
06       LEGISLATIVE FINDINGS AND PURPOSE.  (a)  Under AS 18.80.220(a)(5), an                                              
07 employer, including the state, may not discriminate in the payment of wages as between the                              
08 sexes, or employ a female in an occupation in this state at a salary or wage rate less than that                        
09 paid to a male employee for work of comparable character or work in the same operation,                                 
10 business, or type of work in the same locality.                                                                         
11       (b)  The Alaska Supreme Court held in Alaska State Commission for Human Rights                                    
12 ex rel. Beamer v. State, Department of Administration, 796 P.2d 458 (Alaska 1990) that the                              
13 proper interpretation of the phrase "comparable character" is as an equal pay for substantially                         
14 equal work provision.  The court further stated that the requirement in AS 18.80.220(a)(5) for                          

01 equal pay for work of a comparable character was not meant to apply only to jobs that are                               
02 identical but also to jobs that are substantially equal in terms of composite skill, effort,                            
03 responsibility, work conditions, and other material aspects.                                                            
04       (c)  A study to determine whether gender is a determinant in setting compensation will                            
05 assist the state in evaluating its compliance with the requirement set by statute and help ensure                       
06 equal pay for equal work.                                                                                               
07    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section to                         
08 read:                                                                                                                   
09       GENDER PAY EQUITY SURVEY.  The Department of Administration shall conduct                                         
10 a study to determine whether gender is a determinant in setting compensation for state                                  
11 employees in compliance with equal pay for equal work laws.  The department shall present                               
12 the study to the legislature no later than January 15, 2003.