Enrolled HB 417: Relating to the compensation for certain public officials, officers, and employees not covered by collective bargaining agreements, to pay increments for longevity in state service, and to a State Officers Compensation Commission; providing for an effective date by repealing the effective dates of certain sections of ch. 124, SLA 1986; and providing for an effective date.
00Enrolled HB 417 01 Relating to the compensation for certain public officials, officers, and employees not covered 02 by collective bargaining agreements, to pay increments for longevity in state service, and to a 03 State Officers Compensation Commission; providing for an effective date by repealing the 04 effective dates of certain sections of ch. 124, SLA 1986; and providing for an effective date. 05 _______________ 06 * Section 1. AS 16.43.060 is amended to read: 07 Sec. 16.43.060. Compensation. Members of the commission are in the exempt 08 service and are entitled to a monthly salary equal to a step in [STEP C,] Range 27 09 [26] of the salary schedule in AS 39.27.011 [AS 39.27.011(a) FOR JUNEAU, 10 ALASKA]. 11 * Sec. 2. AS 24.10.100 is amended to read: 12 Sec. 24.10.100. Salary of legislators. Legislators shall receive a [THE]
01 monthly salary under AS 39.23 [FOR EACH MEMBER OF THE LEGISLATURE IS 02 $2,001]. The president of the senate and the speaker of the house of representatives 03 may receive additional compensation under AS 39.23 [ARE EACH ENTITLED 04 TO AN ADDITIONAL $500 A YEAR] during tenure of office. 05 * Sec. 3. AS 24.10.130 is amended to read: 06 Sec. 24.10.130. Moving expenses and per diem allowance. (a) A member of 07 the legislature may be [IS] entitled to reimbursement for the expenses of moving 08 between the member's place of residence and the capital city for the purpose of 09 attending a regular session of the legislature. 10 (b) Legislators and officers and employees of the legislative branch of 11 government may be [ARE] entitled to a per diem allowance. 12 (c) The Alaska Legislative Council shall adopt a policy in accordance with 13 AS 39.23.540(d) regarding reimbursement for moving expenses applicable to all 14 legislators and an applicable per diem allowance policy. The policy must set 15 conditions for the reimbursement for moving expenses and payment of per diem and 16 prescribe the amounts of reimbursement adapted to the special needs of the legislative 17 branch as determined by the council. 18 * Sec. 4. AS 26.05.260(i) is amended to read: 19 (i) When active state service is authorized by the governor or by the adjutant 20 general as the governor's designee, members of the Alaska State Defense Force are 21 entitled to receive, for each day of active service under AS 26.05.070, pay and 22 allowances as provided in this subsection. Pay is equal to that provided under 23 AS 39.27.011(a) - (f) and 39.27.020 [AS 39.27.011 - 39.27.020] for equivalent 24 assignments of state officials or employees, including adjustments under 25 AS 39.27.025, if applicable. Allowances shall be paid to the same extent, in the same 26 manner, and under the same conditions as provided for state officials and employees 27 under AS 39.20.110 - 39.20.170. However, pay or allowances are not authorized for 28 training or community service activities of members of the Alaska State Defense 29 Force. 30 * Sec. 5. AS 36.30.010(d) is amended to read: 31 (d) The annual salary of the chief procurement officer is range 27 [24] of the
01 salary schedule established in AS 39.27.011. 02 * Sec. 6. AS 39.20.010(a) is amended to read: 03 (a) The annual salary of the governor shall be in accordance with AS 39.23 04 [IS $125,000]. 05 * Sec. 7. AS 39.20.030(a) is amended to read: 06 (a) The annual salary of the lieutenant governor shall be in accordance with 07 AS 39.23 [IS $100,000]. 08 * Sec. 8. AS 39.20.080(a) is amended to read: 09 (a) The monthly salary of the head of each principal executive department of 10 the state shall be in accordance with AS 39.23 [IS NOT LESS THAN RANGE 28 11 NOR MORE THAN RANGE 30 OF THE SALARY SCHEDULE IN 12 AS 39.27.011(a) FOR JUNEAU, ALASKA]. 13 * Sec. 9. AS 39.20.080(b) is amended to read: 14 (b) The monthly salary of a deputy head of a principal executive department 15 of the state is equal to a step in [NOT LESS THAN STEP A NOR MORE THAN 16 STEP F,] Range 28 of the salary schedule in AS 39.27.011 [AS 39.27.011(a) FOR 17 JUNEAU, ALASKA]. 18 * Sec. 10. AS 39.23 is amended by adding new sections to read: 19 Sec. 39.23.500. Compensation commission established. (a) The State 20 Officers Compensation Commission is established. The commission is composed of 21 five members who are state residents appointed by the governor. One member shall be 22 appointed from a list of two or more candidates submitted by the president of the 23 senate. One member shall be appointed from a list of two or more candidates 24 submitted by the speaker of the house of representatives. Members serve for staggered 25 terms of four years. Except as provided in AS 39.05.080(4), a vacancy shall be filled 26 for the balance of the unexpired term. A commission member may serve not more than 27 two complete consecutive terms. 28 (b) The commission shall annually elect a member to chair its meetings. A 29 majority of the commission members constitutes a quorum to transact business. The 30 affirmative vote of three members is required to approve the commission's 31 recommendations on compensation.
01 (c) The commission shall meet at the call of the chair. Notice of a meeting 02 shall be mailed to each member at least 20 days before the date scheduled for the 03 meeting. 04 (d) The commission shall meet to discuss its findings and recommendations at 05 least twice before submitting its final report to the presiding officers of each house of 06 the legislature and the governor. 07 (e) For budgetary purposes, the commission shall be established in the 08 Department of Administration. 09 Sec. 39.23.510. Prohibitions against state or municipal service. (a) During 10 membership on the commission, a member of the commission may not 11 (1) be employed by the state, including the University of Alaska; 12 (2) serve as a member of another state board, commission, or 13 authority; or 14 (3) hold elective state or municipal office. 15 (b) A member of the commission may not, in the four years preceding that 16 member's appointment, have served in an office or position for which the commission 17 shall submit a recommendation under AS 39.23.540. 18 Sec. 39.23.520. Compensation. Members of the commission serve without 19 compensation but are entitled to per diem and travel expenses authorized for members 20 of boards and commissions under AS 39.20.180. 21 Sec. 39.23.530. Staff. The director of personnel in the Department of 22 Administration shall serve as ex officio secretary to the commission and provide 23 research, technical, and administrative services. 24 Sec. 39.23.540. Duties of the commission. (a) The commission shall review 25 the salaries, benefits, and allowances of members of the legislature, the governor, the 26 lieutenant governor, and each principal executive department head and prepare a 27 report on its findings at least once every two years, but not more frequently than every 28 year. The commission shall notify the legislature that the report is available. 29 (b) The commission may request reports or studies from any state agency as to 30 the rate and form of compensation, benefits, and allowances for legislators, the 31 governor, the lieutenant governor, and each executive department head. A state agency
01 from which a report or a study is requested shall furnish it within a period of time 02 prescribed by the commission. 03 (c) By November 15, the commission shall prepare its preliminary findings 04 and recommendations for compensation of state officers that is reasonable and 05 equitable. The commission shall give reasonable public notice of its preliminary 06 findings and recommendations, solicit public comments, and give due regard to the 07 public comments, before submitting a final report under (d) of this section. 08 (d) The commission shall make available to the governor and presiding 09 officers of each house of the legislature a final report of its findings and 10 recommendations as to the rate and form of compensation, benefits, and allowances 11 for legislators, the governor, the lieutenant governor, and each principal executive 12 department head during the first 10 days of a legislative session. Subject to (g) of this 13 section and unless a bill disapproving all the recommendations for all officers listed in 14 this section is enacted into law within 60 days after the recommendations are 15 submitted to the governor and presiding officers of each house of the legislature, a 16 recommendation as to the compensation, benefits, and allowances for 17 (1) a legislator has the force of law and becomes effective on the first 18 day of the next regular legislative session; and 19 (2) the governor, the lieutenant governor, and each principal executive 20 department head has the force of law and becomes effective on the first day of the 21 fiscal year following the fiscal year in which the recommendation is submitted. 22 (e) The commission may prepare amendments to the report submitted under 23 (d) of this section and notify the legislature that the amendments are available. 24 (f) A commission member who does not concur in the proposed or final 25 recommendations may attach written objections to the commission's report of its 26 findings and recommendations. 27 (g) A recommendation under this section increasing the compensation, 28 benefits, and allowances of a public officer is not effective unless all recommended 29 increases included in the final report under (d) of this section are fully funded by 30 appropriations. 31 Sec. 39.23.550. Recommendations relating to compensation. (a) A
01 recommendation of the commission may not have the effect of reducing the 02 compensation or benefits of the governor and lieutenant governor who are in office or 03 an executive department head who is appointed on or before the effective date of the 04 commission's recommendation. 05 (b) The commission may recommend reduction in compensation for 06 individuals who become governor, lieutenant governor, or an executive department 07 head after the effective date of the commission's recommendation. 08 Sec. 39.23.560. Recommendations relating to benefits. The 09 recommendations of the commission relating to benefits may not include any 10 recommendation relating to health, retirement, disability, or death benefits under 11 AS 39.30 and AS 39.35 for members of the legislature, the governor, the lieutenant 12 governor, and each principal executive department head. 13 Sec. 39.23.570. Filing with lieutenant governor and certification. The 14 commission shall, on transmitting its final recommendations for the compensation of 15 legislators, the governor, the lieutenant governor, and each principal executive 16 department head to the legislature, file the recommendations in the office of the 17 lieutenant governor. When the recommendations become effective, the commission 18 shall certify the copy of the recommendations on file in the office of the lieutenant 19 governor. 20 Sec. 39.23.580. Policy of the legislature. It is the policy of the legislature that 21 the commission recommend an equitable rate and form of compensation, benefits, and 22 allowances for legislators. 23 Sec. 39.23.590. Administrative Procedure Act inapplicable. AS 44.62 24 (Administrative Procedure Act) does not apply to proceedings of the commission. 25 Sec. 39.23.599. Definition. In AS 39.23.500 - 39.23.599, "commission" means 26 the State Officers Compensation Commission. 27 * Sec. 11. AS 39.27.011(a) is repealed and reenacted to read: 28 (a) The following monthly basic salary schedule is approved as the pay plan 29 for classified and partially exempt employees in the executive branch of the state 30 government who are not members of a collective bargaining unit established under the 31 authority of AS 23.40.070 - 23.40.260 (Public Employment Relations Act), and for
01 employees of the legislature under AS 24: 02 Range Step Step Step Step Step Step 03 No. A B C D E F 04 05 1892 1945 1999 2056 2117 2174 05 06 1999 2056 2117 2174 2238 2303 06 07 2117 2174 2238 2303 2374 2449 07 08 2238 2303 2374 2449 2518 2596 08 09 2374 2449 2518 2596 2679 2755 09 10 2518 2596 2679 2755 2840 2922 10 11 2679 2755 2840 2922 3022 3118 11 12 2840 2922 3022 3118 3223 3332 12 13 3022 3118 3223 3332 3449 3572 13 14 3223 3332 3449 3572 3697 3837 14 15 3449 3572 3697 3837 3960 4109 15 16 3697 3837 3960 4109 4257 4407 16 17 3960 4109 4257 4407 4558 4715 17 18 4257 4407 4558 4715 4861 5046 18 19 4558 4715 4861 5046 5203 5393 19 20 4861 5046 5203 5393 5555 5761 20 21 5203 5393 5555 5761 5938 6153 21 22 5555 5761 5938 6153 6353 6582 22 23 5938 6153 6353 6582 6801 7054 23 24 6353 6582 6801 7054 7289 7536 24 25 6801 7054 7289 7536 7809 8100 25 26 7054 7289 7536 7809 8100 8391 26 27 7289 7536 7809 8100 8391 8707 27 28 7536 7809 8100 8391 8707 9010 28 29 7809 8100 8391 8707 9010 9327 29 30 8100 8391 8707 9010 9327 9655. 30 * Sec. 12. AS 39.27.011(e) is amended to read: 31 (e) Effective July 1, 2008 [2005], the amounts set out in the salary schedule
01 contained in (a) of this section are increased by three [TWO] percent. 02 * Sec. 13. AS 39.27.011(f) is amended to read: 03 (f) Effective July 1, 2009 [2006], the amounts set out in the salary schedule 04 contained in (a) of this section, as increased under (e) of this section, are increased by 05 three [TWO] percent. 06 * Sec. 14. AS 39.27.011 is amended by adding new subsections to read: 07 (h) Pay increments, computed at the rate of 3.75 percent of the employee's 08 base salary, shall be provided after an employee has remained in the final step within a 09 given range for two years, and every two years thereafter, if, at the time the employee 10 becomes eligible for the increment, the employee's current annual rating by the 11 employee's supervisors is designated as "good" or higher. 12 (i) Pay increments provided for in (h) of this section are approved under 13 AS 39.25.150(2) as an amendment to the pay plan for employees of the state. 14 (j) Subsections (h) and (i) of this section apply to employees of the legislature 15 only if the committee responsible for adopting employment policies concerning the 16 employee adopts a written policy that (h) and (i) of this section apply. Subsections (h) 17 and (i) of this section apply to the employees of the office of the ombudsman only if 18 the ombudsman adopts a policy that (h) and (i) of this section apply. Subsections (h) 19 and (i) of this section apply to the employees of the office of victims' rights only if the 20 victims' advocate adopts a policy that (h) and (i) of this section apply. 21 * Sec. 15. AS 42.04.020(f) is amended to read: 22 (f) Members of the commission are in the exempt service and are entitled to a 23 monthly salary equal to a step in [STEP C,] Range 27 [26,] of the salary schedule in 24 AS 39.27.011(a) for Juneau, Alaska. The chair of the commission is entitled to a 25 monthly salary equal to a step in [STEP C,] Range 27 [,] of the salary schedule in 26 AS 39.27.011(a) for Juneau, Alaska. 27 * Sec. 16. AS 39.23.200, 39.23.210, 39.23.220, 39.23.230, 39.23.240, 39.23.250, 39.23.260, 28 39.23.270, and 39.23.400 are repealed. 29 * Sec. 17. AS 39.27.022 is repealed. 30 * Sec. 18. Sections 5, 6, 7, and 8, ch. 124, SLA 1986, and that portion of sec. 12, ch. 124, 31 SLA 1986, that provides for the delayed repeal of AS 24.10.100 and 24.10.105 are repealed.
01 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 SALARY ADJUSTMENTS FOR CERTAIN EXEMPT OFFICERS AND 04 EMPLOYEES OF THE EXECUTIVE BRANCH. (a) Public officers and permanent and 05 temporary employees in the executive branch of the state government, other than the governor 06 and lieutenant governor, who are in the exempt service under AS 39.25.110, are not members 07 of a collective bargaining unit established under AS 23.40.070 - 23.40.260 (Public 08 Employment Relations Act), and are not otherwise covered by AS 39.27.011(a), are entitled 09 to receive salaries comparable to those received by classified and partially exempt employees 10 of the executive branch under AS 39.27.011(a), as repealed and reenacted by sec. 11 of this 11 Act, and under AS 39.27.011(e) and (f), as amended by secs. 12 and 13 of this Act. 12 (b) The agencies employing noncovered exempt officers and employees covered by 13 this section may adopt compensation policies that provide for pay increments under 14 AS 39.27.011(h) and (i), enacted by sec. 14 of this Act. 15 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 SALARY ADJUSTMENTS FOR CERTAIN EMPLOYEES OF THE JUDICIAL 18 BRANCH. (a) Permanent and temporary employees and magistrates in the judicial branch of 19 the state government, other than justices and judges, who are not members of a collective 20 bargaining unit established under AS 23.40.070 - 23.40.260 (Public Employment Relations 21 Act), and are not otherwise covered by AS 39.27.011(a), are entitled to receive salary 22 adjustments comparable to those received by classified and partially exempt employees of the 23 executive branch under AS 39.27.011(a), as repealed and reenacted by sec. 11 of this Act, and 24 under AS 39.27.011(e) and (f), as amended by secs. 12 and 13 of this Act. 25 (b) The judicial branch may adopt compensation policies for its temporary and 26 permanent employees and magistrates, other than justices and judges, that provide for pay 27 increments under AS 39.27.011(h) and (i), enacted by sec. 14 of this Act. 28 (c) Justices of the supreme court and judges of the court of appeals and the superior 29 and district courts are entitled to receive salary adjustments provided for in secs. 11 - 13 of 30 this Act, in accordance with AS 22.05.140(d), AS 22.07.090(c), AS 22.10.190(d), and 31 AS 22.15.220(e).
01 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 SALARY INCREASES FOR CERTAIN EMPLOYEES OF THE UNIVERSITY OF 04 ALASKA. The employees of the University of Alaska who are not members of a collective 05 bargaining unit are entitled to receive salary increases in accordance with the compensation 06 policy of the Board of Regents of the University of Alaska. 07 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 INITIAL APPOINTMENTS AND TERMS; FIRST MEETING. (a) The initial 10 members of the State Officers Compensation Commission shall be appointed within 90 days 11 after the effective date of this section. 12 (b) Notwithstanding AS 39.23.500(a), as enacted by sec. 10 of this Act, the terms of 13 the first members of the State Officers Compensation Commission appointed by the governor 14 under AS 39.23.500(a), as enacted by sec. 10 of this Act, are as follows: (1) two members 15 shall be appointed for a four-year term; (2) one member shall be appointed for a three-year 16 term; (3) one member shall be appointed for a two-year term; and (4) one member shall be 17 appointed for a one-year term. The governor shall specify the term of office of each member 18 appointed subject to this section. 19 (c) Notwithstanding AS 39.23.500(c), as enacted by sec. 10 of this Act, the first 20 meeting of the commission shall be called by the governor. 21 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 PROSPECTIVE APPLICATION. (a) Notwithstanding any other provisions of law, 24 sec. 14 of this Act applies prospectively only. An employee may only earn pay increments 25 under AS 39.27.011(h) and (i), as enacted by sec. 14 of this Act, based on qualifying service 26 occurring on or after the effective date of sec. 14 of this Act. 27 (b) It is the intent of the legislature that (a) of this section is to expressly avoid the 28 result in the decision of the Alaska Supreme Court in APEA v. State, 525 P.2d 12 (Alaska 29 1974). 30 (c) Notwithstanding any other provision of this section, an employee who does not 31 elect to receive a pay increment under sec. 24 of this Act is entitled to receive a pay increment
01 computed at the rate of 3.75 percent of the employee's base salary instead of the first 02 increment to which the employee would otherwise be entitled under AS 39.27.011(h) and (i), 03 as enacted by sec. 14 of this Act, if, at the time the employee becomes eligible for the 04 increment under this subsection, the employee's current annual rating by the employee's 05 supervisors is designated as "good" or higher and the employee has served 06 (1) at least two years toward an increment under former AS 39.27.022; or 07 (2) at the last step of the employee's pay range for the two years immediately 08 preceding the effective date of this section. 09 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION. Notwithstanding sec. 17 of this Act, if, but for the repeal of 12 AS 39.27.022 by sec. 17 of this Act, an employee would have received a pay increment under 13 former AS 39.27.022 within two years after the effective date of sec. 17 of this Act, the 14 employee may elect to receive that increment instead of 15 (1) the first increment to which the employee would otherwise be entitled 16 under AS 39.27.011(h) and (i), as enacted by sec. 14 of this Act; and 17 (2) the increment to which the employee would otherwise be entitled under 18 sec. 23(c) of this Act. 19 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 RETROACTIVITY. Sections 11, 19(a), 20(a), and 21 of this Act are retroactive to 22 July 1, 2007. 23 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 CONDITIONAL EFFECT. (a) Sections 2, 3, and 6 - 8 of this Act take effect only if 26 (1) the State Officers Compensation Commission, established under sec. 10 of 27 this Act, submits recommendations under AS 39.23.540(d), as enacted by sec. 10 of this Act; 28 (2) those recommendations are not disapproved of in the time and manner 29 described in AS 39.23.540(d), as enacted by sec. 10 of this Act; and 30 (3) all of those recommendations are fully funded by appropriations as 31 required by AS 39.23.540(g), added by sec. 10 of this Act.
01 (b) If the first recommendations submitted by the State Officers Compensation 02 Commission under (a) of this section are disapproved or are not fully funded, the commission 03 may continue to submit recommendations under (a) of this section until secs. 2, 3, and 6 - 8 of 04 this Act take effect. 05 (c) This section does not prevent a head of a principal executive department of the 06 state from obtaining a salary adjustment under sec. 19(a) of this Act. 07 * Sec. 27. Sections 9 and 12, ch. 124, SLA 1986, are repealed. 08 * Sec. 28. If secs. 2, 3, and 6 - 8 of this Act take effect under sec. 26 of this Act, 09 (1) secs. 2 and 3 of this Act take effect on the effective date of the 10 appropriation described in sec. 26(a)(3) of this Act fully funding the recommendation for 11 legislators; and 12 (2) secs. 6 - 8 of this Act take effect on the effective date of the appropriation 13 described in sec. 26(a)(3) of this Act fully funding the recommendations for the governor, the 14 lieutenant governor, and each principal executive department head. 15 * Sec. 29. Sections 10, 11, 16, 19(a), 20(a), 21, 22, and 25 - 27 of this Act take effect 16 immediately under AS 01.10.070(c). 17 * Sec. 30. Except as provided in secs. 28 and 29 of this Act, this Act takes effect July 1, 18 2008.