CSSB 297(L&C): "An Act relating to certain public officials, officers, and employees not covered by collective bargaining agreements; and providing for an effective date."
00 CS FOR SENATE BILL NO. 297(L&C) 01 "An Act relating to certain public officials, officers, and employees not covered by 02 collective bargaining agreements; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.43.060 is amended to read: 05 Sec. 16.43.060. Compensation. Members of the commission are in the exempt 06 service and are entitled to a monthly salary equal to a step in [STEP C,] Range 27 07 [26] of the salary schedule in AS 39.27.011 [AS 39.27.011(a) FOR JUNEAU, 08 ALASKA]. 09 * Sec. 2. AS 26.05.260(i) is amended to read: 10 (i) When active state service is authorized by the governor or by the adjutant 11 general as the governor's designee, members of the Alaska State Defense Force are 12 entitled to receive, for each day of active service under AS 26.05.070, pay and 13 allowances as provided in this subsection. Pay is equal to that provided under 14 AS 39.27.011(a) - (f) and 39.27.020 [AS 39.27.011 - 39.27.020] for equivalent
01 assignments of state officials or employees, including adjustments under 02 AS 39.27.025, if applicable. Allowances shall be paid to the same extent, in the same 03 manner, and under the same conditions as provided for state officials and employees 04 under AS 39.20.110 - 39.20.170. However, pay or allowances are not authorized for 05 training or community service activities of members of the Alaska State Defense 06 Force. 07 * Sec. 3. AS 36.30.010(d) is amended to read: 08 (d) The annual salary of the chief procurement officer is range 27 [24] of the 09 salary schedule established in AS 39.27.011. 10 * Sec. 4. AS 39.20.080(b) is amended to read: 11 (b) The monthly salary of a deputy head of a principal executive department 12 of the state is equal to a step in [NOT LESS THAN STEP A NOR MORE THAN 13 STEP F,] Range 28 of the salary schedule in AS 39.27.011 [AS 39.27.011(a) FOR 14 JUNEAU, ALASKA]. 15 * Sec. 5. AS 39.25.110 is amended by adding a new paragraph to read: 16 (43) the executive director of the Regulatory Commission of Alaska. 17 * Sec. 6. AS 39.25.120(c)(18) is amended to read: 18 (18) hearing examiners [OFFICERS] and administrative law judges of 19 the Regulatory Commission of Alaska; 20 * Sec. 7. AS 39.27.011(a) is repealed and reenacted to read: 21 (a) The following monthly basic salary schedule is approved as the pay plan 22 for classified and partially exempt employees in the executive branch of the state 23 government who are not members of a collective bargaining unit established under the 24 authority of AS 23.40.070 - 23.40.260 (Public Employment Relations Act), and for 25 employees of the legislature under AS 24: 26 Range Step Step Step Step Step Step 27 No. A B C D E F 28 05 1892 1945 1999 2056 2117 2174 29 06 1999 2056 2117 2174 2238 2303 30 07 2117 2174 2238 2303 2374 2449 31 08 2238 2303 2374 2449 2518 2596
01 09 2374 2449 2518 2596 2679 2755 02 10 2518 2596 2679 2755 2840 2922 03 11 2679 2755 2840 2922 3022 3118 04 12 2840 2922 3022 3118 3223 3332 05 13 3022 3118 3223 3332 3449 3572 06 14 3223 3332 3449 3572 3697 3837 07 15 3449 3572 3697 3837 3960 4109 08 16 3697 3837 3960 4109 4257 4407 09 17 3960 4109 4257 4407 4558 4715 10 18 4257 4407 4558 4715 4861 5046 11 19 4558 4715 4861 5046 5203 5393 12 20 4861 5046 5203 5393 5555 5761 13 21 5203 5393 5555 5761 5938 6153 14 22 5555 5761 5938 6153 6353 6582 15 23 5938 6153 6353 6582 6801 7054 16 24 6353 6582 6801 7054 7289 7536 17 25 6801 7054 7289 7536 7809 8100 18 26 7054 7289 7536 7809 8100 8391 19 27 7289 7536 7809 8100 8391 8707 20 28 7536 7809 8100 8391 8707 9010 21 29 7809 8100 8391 8707 9010 9327 22 30 8100 8391 8707 9010 9327 9655. 23 * Sec. 8. AS 39.27.011(e) is amended to read: 24 (e) Effective July 1, 2008 [2005], the amounts set out in the salary schedule 25 contained in (a) of this section are increased by three [TWO] percent. 26 * Sec. 9. AS 39.27.011(f) is amended to read: 27 (f) Effective July 1, 2009 [2006], the amounts set out in the salary schedule 28 contained in (a) of this section, as increased under (e) of this section, are increased by 29 three [TWO] percent. 30 * Sec. 10. AS 39.27.011 is amended by adding new subsections to read: 31 (h) Pay increments, computed at the rate of 3.75 percent of the employee's
01 base salary, shall be provided after an employee has remained in the final step within a 02 given range for two years, and every two years thereafter, if, at the time the employee 03 becomes eligible for the increment, the employee's current annual rating by the 04 employee's supervisors is designated as "good" or higher. 05 (i) Pay increments provided for in (h) of this section are approved under 06 AS 39.25.150(2) as an amendment to the pay plan for employees of the state. 07 (j) Subsections (h) and (i) of this section apply to employees of the legislature 08 only if the committee responsible for adopting employment policies concerning the 09 employee adopts a written policy that (h) and (i) of this section apply. Subsections (h) 10 and (i) of this section apply to the employees of the office of the ombudsman only if 11 the ombudsman adopts a policy that (h) and (i) of this section apply. Subsections (h) 12 and (i) of this section apply to the employees of the office of victims' rights only if the 13 victims' advocate adopts a policy that (h) and (i) of this section apply. 14 * Sec. 11. AS 42.04.020(f) is amended to read: 15 (f) Members of the commission are in the exempt service and are entitled to a 16 monthly salary equal to Step F [C], Range 30 [26], of the salary schedule in 17 AS 39.27.011 [AS 39.27.011(a) FOR JUNEAU, ALASKA]. The chair of the 18 commission is entitled to a monthly salary equal to Step F [C], Range 30 [27], of the 19 salary schedule in AS 39.27.011 [AS 39.27.011(a) FOR JUNEAU, ALASKA]. 20 * Sec. 12. AS 42.04.050(a) is amended to read: 21 (a) The commission shall employ an executive director and may employ 22 administrative law judges, and the commission shall determine the compensation 23 of executive directors and administrative law judges it employs [CHAIR OF THE 24 COMMISSION]. The executive director is responsible for employing commission 25 staff, directing the administrative functions of the commission, and carrying out the 26 policies established [AS SET] by the commission. The executive director 27 [COMMISSION CHAIR] may employ engineers, hearing examiners, 28 [ADMINISTRATIVE LAW JUDGES,] arbitrators, mediators, experts, clerks, 29 accountants, and other agents and assistants considered necessary. The executive 30 director may not participate in any matter that is before the commission for 31 adjudication. The executive director is in the exempt service under AS 39.25.110.
01 Employees of the commission who are not in the exempt service under AS 39.25.110 02 or the partially exempt service under AS 39.25.120 are in the classified service under 03 AS 39.25.100. 04 * Sec. 13. AS 42.04.050(b) is amended to read: 05 (b) The executive director [CHAIR OF THE COMMISSION] may enter into 06 a contract for not [NO] more than $5,000 to engage the services of a consultant or 07 expert the chair of the commission considers necessary. The executive director 08 [COMMISSION] may contract for and engage the services of consultants and experts 09 the commission considers necessary. 10 * Sec. 14. AS 42.04.070(a) is amended to read: 11 (a) The chair of the commission shall 12 [(1) EMPLOY THE COMMISSION STAFF; 13 (2)] establish and implement a time management system for the 14 commission and [; 15 (3)] assign the work of the commission to members and staff of the 16 commission so that matters before the commission are resolved as expeditiously and 17 competently as possible; when assigning a matter, the chair shall also set a date by 18 which time the matter should be completed. 19 * Sec. 15. AS 39.27.022 is repealed. 20 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 SALARY ADJUSTMENTS FOR CERTAIN EXEMPT OFFICERS AND 23 EMPLOYEES OF THE EXECUTIVE BRANCH. (a) Public officers and permanent and 24 temporary employees in the executive branch of the state government, other than the governor 25 and lieutenant governor, who are in the exempt service under AS 39.25.110, are not members 26 of a collective bargaining unit established under AS 23.40.070 - 23.40.260 (Public 27 Employment Relations Act), and are not otherwise covered by AS 39.27.011(a), as repealed 28 and reenacted by sec. 7 of this Act, are entitled to receive salaries comparable to those 29 received by classified and partially exempt employees of the executive branch under 30 AS 39.27.011(a), as repealed and reenacted by sec. 7 of this Act, and under AS 39.27.011(e) 31 and (f), as amended by secs. 8 and 9 of this Act.
01 (b) The agencies employing noncovered exempt officers and employees covered by 02 this section may adopt compensation policies that provide for pay increments under 03 AS 39.27.011(h) and (i), enacted by sec. 10 of this Act. 04 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 SALARY ADJUSTMENTS FOR CERTAIN EMPLOYEES OF THE JUDICIAL 07 BRANCH. (a) Permanent and temporary employees and magistrates in the judicial branch of 08 the state government, other than justices and judges, who are not members of a collective 09 bargaining unit established under AS 23.40.070 - 23.40.260 (Public Employment Relations 10 Act) and are not otherwise covered by AS 39.27.011(a), as repealed and reenacted by sec. 7 of 11 this Act, are entitled to receive salary adjustments comparable to those received by classified 12 and partially exempt employees of the executive branch under AS 39.27.011(a), as repealed 13 and reenacted by sec. 7 of this Act, and under AS 39.27.011(e) and (f), as amended by secs. 8 14 and 9 of this Act. 15 (b) The judicial branch may adopt compensation policies for its permanent and 16 temporary employees and magistrates, other than justices and judges, that provide for pay 17 increments under AS 39.27.011(h) and (i), as enacted by sec. 10 of this Act. 18 (c) Justices of the supreme court and judges of the court of appeals, the superior court, 19 and the district court are entitled to receive salary adjustments provided for in secs. 7 - 9 of 20 this Act, in accordance with AS 22.05.140(d), AS 22.07.090(c), AS 22.10.190(d), and 21 AS 22.15.220(b) and (e). 22 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 SALARY INCREASES FOR CERTAIN EMPLOYEES OF THE UNIVERSITY OF 25 ALASKA. The employees of the University of Alaska who are not members of a collective 26 bargaining unit are entitled to receive salary increases in accordance with the compensation 27 policy of the Board of Regents of the University of Alaska. 28 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 PROSPECTIVE APPLICATION. (a) Notwithstanding any other provision of law, sec. 31 10 of this Act applies prospectively only. An employee may only earn pay increments under
01 AS 39.27.011(h) and (i), as enacted by sec. 10 of this Act, based on qualifying service 02 occurring on or after the effective date of sec. 10 of this Act. 03 (b) It is the intent of the legislature that (a) of this section is to expressly avoid the 04 result in the decision of the Alaska Supreme Court in Alaska Public Employees Association v. 05 State, 525 P.2d 12 (Alaska 1974). 06 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. Section 10 of this Act applies to classified and partially exempt 09 employees in the executive branch of the state government who are not members of a 10 collective bargaining unit established under the authority of AS 23.40.070 - 23.40.260 (Public 11 Employment Relations Act) only after its terms have been formally offered to each 12 established state employee bargaining unit through the state employee bargaining unit's 13 collective bargaining agents, as an amendment to the contract governing the bargaining unit's 14 terms and conditions of employment. 15 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION. Notwithstanding sec. 15 of this Act, if, but for the repeal of 18 AS 39.27.022 by sec. 15 of this Act, an employee would have received a pay increment under 19 former AS 39.27.022 within two years after the effective date of sec. 15 of this Act, the 20 employee may elect to receive that increment instead of the first increment to which the 21 employee would otherwise be entitled under AS 39.27.011(h) and (i), enacted by sec. 10 of 22 this Act. 23 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 RETROACTIVITY. Sections 7, 16(a), 17(a), 17(c), and 18 of this Act are retroactive 26 to July 1, 2007. 27 * Sec. 23. Sections 7, 16(a), 17(a), 17(c), 18, and 22 of this Act take effect immediately 28 under AS 01.10.070(c). 29 * Sec. 24. Except as provided in sec. 23 of this Act, this Act takes effect July 1, 2008.