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HB 417: "An Act relating to the compensation for certain public officials, officers, and employees not covered by collective bargaining agreements; relating to pay increments for longevity in state service; and providing for an effective date."

00 HOUSE BILL NO. 417 01 "An Act relating to the compensation for certain public officials, officers, and employees 02 not covered by collective bargaining agreements; relating to pay increments for 03 longevity in state service; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.43.060 is amended to read: 06 Sec. 16.43.060. Compensation. Members of the commission are in the exempt 07 service and are entitled to a monthly salary equal to a step in [STEP C,] Range 27 08 [26] of the salary schedule in AS 39.27.011 [AS 39.27.011(a) FOR JUNEAU, 09 ALASKA]. 10 * Sec. 2. AS 26.05.260(i) is amended to read: 11 (i) When active state service is authorized by the governor or by the adjutant 12 general as the governor's designee, members of the Alaska State Defense Force are 13 entitled to receive, for each day of active service under AS 26.05.070, pay and 14 allowances as provided in this subsection. Pay is equal to that provided under

01 AS 39.27.011(a) - (f) and 39.27.020 [AS 39.27.011 - 39.27.020] for equivalent 02 assignments of state officials or employees, including adjustments under 03 AS 39.27.025, if applicable. Allowances shall be paid to the same extent, in the same 04 manner, and under the same conditions as provided for state officials and employees 05 under AS 39.20.110 - 39.20.170. However, pay or allowances are not authorized for 06 training or community service activities of members of the Alaska State Defense 07 Force. 08 * Sec. 3. AS 36.30.010(d) is amended to read: 09 (d) The annual salary of the chief procurement officer is range 27 [24] of the 10 salary schedule established in AS 39.27.011. 11 * Sec. 4. AS 39.20.080(b) is amended to read: 12 (b) The monthly salary of a deputy head of a principal executive department 13 of the state is equal to a step in [NOT LESS THAN STEP A NOR MORE THAN 14 STEP F,] Range 28 of the salary schedule in AS 39.27.011 [AS 39.27.011(a) FOR 15 JUNEAU, ALASKA]. 16 * Sec. 5. AS 39.27.011(a) is repealed and reenacted to read: 17 (a) The following monthly basic salary schedule is approved as the pay plan 18 for classified and partially exempt employees in the executive branch of the state 19 government who are not members of a collective bargaining unit established under the 20 authority of AS 23.40.070 - 23.40.260 (Public Employment Relations Act), and for 21 employees of the legislature under AS 24: 22 Range No. Step Step Step Step Step Step 23 A B C D E F 24 05 1892 1945 1999 2056 2117 2174 25 06 1999 2056 2117 2174 2238 2303 26 07 2117 2174 2238 2303 2374 2449 27 08 2238 2303 2374 2449 2518 2596 28 09 2374 2449 2518 2596 2679 2755 29 10 2518 2596 2679 2755 2840 2922 30 11 2679 2755 2840 2922 3022 3118 31 12 2840 2922 3022 3118 3223 3332

01 13 3022 3118 3223 3332 3449 3572 02 14 3223 3332 3449 3572 3697 3837 03 15 3449 3572 3697 3837 3960 4109 04 16 3697 3837 3960 4109 4257 4407 05 17 3960 4109 4257 4407 4558 4715 06 18 4257 4407 4558 4715 4861 5046 07 19 4558 4715 4861 5046 5203 5393 08 20 4861 5046 5203 5393 5555 5761 09 21 5203 5393 5555 5761 5938 6153 10 22 5555 5761 5938 6153 6353 6582 11 23 5938 6153 6353 6582 6801 7054 12 24 6353 6582 6801 7054 7289 7536 13 25 6801 7054 7289 7536 7809 8100 14 26 7054 7289 7536 7809 8100 8391 15 27 7289 7536 7809 8100 8391 8707 16 28 7536 7809 8100 8391 8707 9010 17 29 7809 8100 8391 8707 9010 9327 18 30 8100 8391 8707 9010 9327 9655 19 * Sec. 6. AS 39.27.011(e) is amended to read: 20 (e) Effective July 1, 2008 [2005], the amounts set out in the salary schedule 21 contained in (a) of this section are increased by three [TWO] percent. 22 * Sec. 7. AS 39.27.011(f) is amended to read: 23 (f) Effective July 1, 2009 [2006], the amounts set out in the salary schedule 24 contained in (a) of this section, as increased under (e) of this section, are increased by 25 three [TWO] percent. 26 * Sec. 8. AS 39.27.011 is amended by adding new subsections to read: 27 (h) Pay increments, computed at the rate of 3.75 percent of the employee's 28 base salary, shall be provided after an employee has remained in the final step within a 29 given range for two years, and every two years thereafter provided that at the time the 30 employee becomes eligible for the increment, the employee's current annual rating by 31 the employee's supervisors is designated as "good" or higher.

01 (i) Pay increments provided for in (h) of this section are approved under 02 AS 39.25.150(2) as an amendment to the pay plan for employees of the state. 03 (j) Subsections (h) and (i) of this section apply to employees of the legislature 04 only if the committee responsible for adopting employment policies concerning the 05 employee adopts a written policy that (h) and (i) of this section apply. Subsections (h) 06 and (i) of this section apply to the employees of the office of the ombudsman only if 07 the ombudsman adopts a policy that (h) and (i) of this section apply. Subsections (h) 08 and (i) of this section apply to the employees of the office of victims' rights only if the 09 victims' advocate adopts a policy that (h) and (i) of this section apply. 10 * Sec. 9. AS 42.04.020(f) is amended to read: 11 (f) Members of the commission are in the exempt service and are entitled to a 12 monthly salary equal to a step in [STEP C,] Range 27 [26,] of the salary schedule in 13 AS 39.27.011(a) for Juneau, Alaska. The chair of the commission is entitled to a 14 monthly salary equal to a step in [STEP C,] Range 27 [,] of the salary schedule in 15 AS 39.27.011(a) for Juneau, Alaska. 16 * Sec. 10. AS 39.27.022 is repealed. 17 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 SALARY ADJUSTMENTS FOR CERTAIN EXEMPT OFFICERS AND 20 EMPLOYEES OF THE EXECUTIVE BRANCH. (a) Public officers and permanent and 21 temporary employees in the executive branch of the state government, other than the governor 22 and lieutenant governor, who are in the exempt service under AS 39.25.110, are not members 23 of a collective bargaining unit established under AS 23.40.070 - 23.40.260 (Public 24 Employment Relations Act), and are not otherwise covered by AS 39.27.011(a), are entitled 25 to receive salaries comparable to those received by classified and partially exempt employees 26 of the executive branch under AS 39.27.011(a), as repealed and reenacted by sec. 5 of this 27 Act, and under AS 39.27.011(e) and (f), as amended by secs. 6 and 7 of this Act. 28 (b) The agencies employing non-covered exempt officers and employees covered by 29 this section may adopt compensation policies that provide for pay increments under 30 AS 39.27.011(h) and (i) of this section, as enacted by sec. 8 of this Act. 31 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section to

01 read: 02 SALARY ADJUSTMENTS FOR CERTAIN EMPLOYEES OF THE JUDICIAL 03 BRANCH. (a) Permanent and temporary employees in the judicial branch of the state 04 government, other than magistrates and judicial officers, who are not members of a collective 05 bargaining unit established under AS 23.40.070 - 23.40.260 (Public Employment Relations 06 Act), and are not otherwise covered by AS 39.27.011(a), are entitled to receive salary 07 adjustments comparable to those received by classified and partially exempt employees of the 08 executive branch under AS 39.27.011(a), as repealed and reenacted by sec. 5 of this Act, and 09 under AS 39.27.011(e) and (f), as amended by secs. 6 and 7 of this Act. 10 (b) The judicial branch may adopt compensation policies for its temporary and 11 permanent employees, other than magistrates and judicial officers, that provide for pay 12 increments under AS 39.27.011(h) and (i) of this section, as enacted by sec. 8 of this Act. 13 (c) Justices of the supreme court, judges of the court of appeals and the superior and 14 district courts, and magistrates are entitled to receive salary adjustments provided for in secs. 15 5 - 7 of this Act, in accordance with AS 22.05.140(d), AS 22.07.090(c), AS 22.10.190(d), and 16 AS 22.15.220(b) and (e). 17 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 SALARY INCREASES FOR CERTAIN EMPLOYEES OF THE UNIVERSITY OF 20 ALASKA. The employees of the University of Alaska who are not members of a collective 21 bargaining unit are entitled to receive salary increases in accordance with the compensation 22 policy of the Board of Regents of the University of Alaska. 23 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 PROSPECTIVE APPLICATION. (a) Notwithstanding any other provisions of law, 26 sec. 8 of this Act applies prospectively only. An employee may only earn pay increments 27 under AS 39.27.011(h) and (i), as enacted by sec. 8 of this Act, based on qualifying service 28 occurring on or after this Act takes effect. 29 (b) It is the intent of the legislature that (a) of this section is to expressly avoid the 30 result in the decision of the Alaska Supreme Court in APEA v. State, 525 P.2d 12 (Alaska 31 1974).

01 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION. Notwithstanding sec. 10 of this Act, if but for the repeal of 04 AS 39.27.022 by sec. 10 of this Act, an employee would have received a pay increment under 05 former AS 39.27.022 within two years after the effective date of this Act, the employee may 06 elect to receive that increment instead of the first increment to which the employee would 07 otherwise be entitled under AS 39.27.011(h) and (i), as enacted by sec. 8 of this Act. 08 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 RETROACTIVITY. Sections 5, 11(a), 12(a), and 13 of this Act are retroactive to 11 July 1, 2007. 12 * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 13 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect July 1, 2008.