Legislature(2015 - 2016)HOUSE FINANCE 519

04/23/2016 11:00 AM House FINANCE

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11:04:29 AM Start
11:05:03 AM HB379
01:04:30 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
+= HB 379 STATE EMPLOYEE & OFFICER COMPENSATION TELECONFERENCED
Moved CSHB 379(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 23, 2016                                                                                            
                        11:04 a.m.                                                                                              
                                                                                                                                
11:04:29 AM                                                                                                                   
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Thompson called the House Finance Committee                                                                            
meeting to order at 11:04 a.m.                                                                                                  
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mark Neuman, Co-Chair                                                                                            
Representative Steve Thompson, Co-Chair                                                                                         
Representative Dan Saddler, Vice-Chair                                                                                          
Representative Bryce Edgmon                                                                                                     
Representative Les Gara                                                                                                         
Representative Lynn Gattis                                                                                                      
Representative David Guttenberg                                                                                                 
Representative Scott Kawasaki                                                                                                   
Representative Cathy Munoz                                                                                                      
Representative Lance Pruitt                                                                                                     
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative   Craig   Johnson,  Sponsor;   Representative                                                                    
Charisse   Millett,    Sponsor;   Robert    Ervine,   Staff,                                                                    
Representative   Craig   Johnson;   Grace   Abbott,   Staff,                                                                    
Representative   Charisse  Millett;   Representative  Louise                                                                    
Stutes.                                                                                                                         
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 379    STATE EMPLOYEE & OFFICER COMPENSATION                                                                                 
                                                                                                                                
Co-Chair Thompson reviewed the agenda for the meeting.                                                                          
                                                                                                                                
11:05:03 AM                                                                                                                   
                                                                                                                                
HOUSE BILL NO. 379                                                                                                            
                                                                                                                                
     "An  Act   eliminating  pay  step  increases   and  pay                                                                    
     increments  for certain  state  employees; relating  to                                                                    
     collective  bargaining agreements  entered into  by the                                                                    
     state; and providing for an effective date."                                                                               
                                                                                                                                
11:05:13 AM                                                                                                                   
                                                                                                                                
Co-Chair  Neuman  MOVED  to  ADOPT  the  proposed  committee                                                                    
substitute  for  HB  379, Work  Draft  (29-LS1647\E).  There                                                                    
being NO OBJECTION, it was so ordered.                                                                                          
                                                                                                                                
11:06:00 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  CHARISSE  MILLETT,  SPONSOR,  explained  the                                                                    
changes in the committee  substitute (CS). She reported that                                                                    
in  Section  10  a  progressivity  element  was  added.  The                                                                    
employee received  a percentage  of the pay  increment based                                                                    
on  the average  price per  barrel  of oil.  She listed  the                                                                    
following:                                                                                                                      
                                                                                                                                
     25 percent of the pay increment at $60-$69.99/bbl.                                                                         
     50 percent of the pay increment at $70-$79.99/bbl.                                                                         
     75 percent of the pay increment at $80-$89.99/bbl.                                                                         
     100 percent of the pay increment at $900/bbl. or more                                                                      
                                                                                                                                
Representative Millett explained that  the title was changed                                                                    
and the word "reducing" was  added to reflect the change. In                                                                    
addition, the  effective date  was also  changed to  July 2,                                                                    
2016 in order  to honor the contracts that  had already been                                                                    
negotiated.                                                                                                                     
                                                                                                                                
Vice-Chair Saddler  asked for clarity  about the  meaning of                                                                    
average. He  deduced that  the applicable  price of  oil was                                                                    
the  average for  the  entire  year. Representative  Millett                                                                    
responded in the affirmative.                                                                                                   
                                                                                                                                
Co-Chair Neuman  spoke to the  similar situation  during the                                                                    
last fiscal year; the state  was facing huge deficits due to                                                                    
the falling price of oil  and reduced revenue. He noted that                                                                    
the discussion focused on ensuring  jobs for Alaskans as the                                                                    
departmental  budgets  were  reduced.  He  wondered  whether                                                                    
securing  state jobs  was "the  thought  process behind  the                                                                    
bill."                                                                                                                          
                                                                                                                                
Representative  Millett  answered  in the  affirmative.  She                                                                    
referred   to  Representative   Gara's  comments   from  the                                                                    
previous meeting regarding employee  morale. She thought the                                                                    
progressivity   aspect  of   the  CS   provided  "hope   and                                                                    
opportunity"  for  employees  in increased  wages  when  the                                                                    
price of  oil rose and  state revenues increased.  She spoke                                                                    
to  the   "difficulty"  of  providing  "pay   raises"  in  a                                                                    
"downturn economy"  and the state's $4  billion deficit. She                                                                    
preferred securing state jobs versus paying pay increases.                                                                      
                                                                                                                                
REPRESENTATIVE  CRAIG JOHNSON,  SPONSOR, reported  that some                                                                    
of the  revenue generating bills "had  zero growth" factored                                                                    
in. He ascertained  that "at zero growth and a  2 percent or                                                                    
3 percent  increase in wages  the only option was  to reduce                                                                    
employees." He believed that it  was not an appropriate time                                                                    
to  grow  government and  that  the  bill "fit"  with  other                                                                    
measures  that  were  currently proposed  while  "preserving                                                                    
state workers."                                                                                                                 
                                                                                                                                
Representative Millett  added that  the legislation  was not                                                                    
changing the  geographical pay  differentials (geo  diff) in                                                                    
small rural  communities or  other areas  of the  state. She                                                                    
reported that  Barrow received a  60 percent geo  diff, Nome                                                                    
received a  geo diff of  50 percent, Juneau's was  5 percent                                                                    
and Fairbanks received 3 percent.  She felt that maintaining                                                                    
the  geographical  pay  differentials  was a  "fair  way  of                                                                    
saving state employees."                                                                                                        
                                                                                                                                
Co-Chair Thompson  mentioned that Representative  Pruitt was                                                                    
in attendance.                                                                                                                  
                                                                                                                                
11:11:17 AM                                                                                                                   
                                                                                                                                
Co-Chair Neuman  asked whether  the CS  affected any  of the                                                                    
contracts  that had  been  approved. Representative  Millett                                                                    
relayed  that  the  effective   date  change  protected  the                                                                    
contracts that  were ratified. She added  that any contracts                                                                    
negotiated  after  the  effective  date  of  the  bill  were                                                                    
affected.                                                                                                                       
                                                                                                                                
Representative Kawasaki  asked what  the revenue was  at $60                                                                    
per  barrel  of oil.  Co-Chair  Thompson  remarked that  the                                                                    
answer depended on the amount of production.                                                                                    
                                                                                                                                
Representative Johnson  answered that  the sponsors  had not                                                                    
done calculations and was uncertain  an accurate fiscal note                                                                    
was possible.                                                                                                                   
Representative Kawasaki asked why  the specific figures were                                                                    
used  in the  progressivity provision.  He wondered  whether                                                                    
the   numbers   were   arbitrary.   Representative   Johnson                                                                    
responded that he wanted  to be "simplistic." Representative                                                                    
Kawasaki  questioned whether  the intent  was that  as state                                                                    
revenue  increased   more  money  was  available   for  step                                                                    
increases.   Representative   Johnson   responded   in   the                                                                    
affirmative.  He commented  that he  supported the  $95 bbl.                                                                    
cut  off  but  agreed  with previous  concerns  raised  from                                                                    
committee members.  He referenced the revenue  forecast that                                                                    
projected higher oil  revenue in 2022 and  wanted to prevent                                                                    
employees  from  feeling that  they  would  never receive  a                                                                    
raise.   Representative   Kawasaki   observed   that   state                                                                    
employees did  not have the  ability to affect the  price of                                                                    
oil. He felt  employee performance was not  connected to the                                                                    
price of oil. He  asked for comments. Representative Johnson                                                                    
stated  that  salaries  were  not   tied  to  oil  but  were                                                                    
connected to revenue. He  mentioned that employees receiving                                                                    
pay  increases in  the  face  of a  $4  billion deficit  was                                                                    
"difficult  for  people in  the  private  sector." He  spoke                                                                    
about  the system  being  flawed and  wanted  a "true  merit                                                                    
system."  Currently,  employees  received an  automatic  pay                                                                    
raise  as   long  as  they   did  not  receive   a  negative                                                                    
evaluation.  He was  in favor  of a  merit system  that only                                                                    
rewarded exemplary work.                                                                                                        
                                                                                                                                
11:16:12 AM                                                                                                                   
                                                                                                                                
Representative  Kawasaki  agreed  that   it  was  worth  re-                                                                    
examining  the   merit  system.  He  suggested   that  if  a                                                                    
legislator  agreed with  the premise  of the  bill that  the                                                                    
state  could not  afford  things like  pay  increases in  an                                                                    
economic  downturn  it  should  also  apply  to  "other  big                                                                    
payouts like oil tax credits in Cook Inlet."                                                                                    
                                                                                                                                
Co-Chair  Thompson clarified  that oil  credits was  not the                                                                    
subject of the bill.                                                                                                            
                                                                                                                                
Representative  Gara  understood  the concept  of  rewarding                                                                    
excellence  and  endorsed  revising the  merit  pay  system.                                                                    
However, he wanted to focus on  the provisions in HB 379. He                                                                    
referred to  the progressivity provision  in Section  10. He                                                                    
asked   what    percentage   the   pay    increments   were.                                                                    
Representative  Millett  answered  that the  pay  increments                                                                    
were  3.25 percent.  Representative Gara  clarified that  at                                                                    
$60/bbl.  of  oil  a step  increase  was  approximately  .08                                                                    
percent  as a  quarter of  3.25 percent.  He concurred  that                                                                    
$60/bbl.  oil was  not  forecasted until  2021  and a  price                                                                    
above $67/bbl. was not forecasted  until 2026. He calculated                                                                    
that in  the absence  of cost  of living  allowances (COLAs)                                                                    
that  were   also  eliminated,  over  the   next  ten  years                                                                    
employees  would  average  pay  increases far  less  than  1                                                                    
percent.  He  felt  that   the  result  affected  employee's                                                                    
decisions to leave  state employment. Representative Millett                                                                    
responded that the state's  unemployment rate "tripled" over                                                                    
the last year.  She did not believe  that gaining employment                                                                    
in  the  private  sector was  possible.  She  discussed  the                                                                    
economic  crisis and  the attempts  to remedy  the situation                                                                    
including instituting  taxes that would impact  the economy.                                                                    
She believed that the state  could not afford to provide pay                                                                    
raises at a  time the state was cutting  services. She spoke                                                                    
to  the  difficulty  of  explaining  the  situation  to  her                                                                    
constituents.  She  observed  the  private  sector  and  the                                                                    
actions it was taking to remain in business.                                                                                    
                                                                                                                                
11:22:21 AM                                                                                                                   
                                                                                                                                
Representative  Gara  agreed  that merit  raises  should  be                                                                    
looked  at in  terms  of performance  rather than  automatic                                                                    
raises. He  maintained that the state  would have difficulty                                                                    
retaining  and  attracting  employees  with less  than  a  1                                                                    
percent merit  increase over 8  years. He stated  that parts                                                                    
of the private sector  were still providing merit increases.                                                                    
Representative  Johnson   referred  to  one  email   he  had                                                                    
received. The individual  took a 50 percent  decrease in pay                                                                    
then recently lost her job  altogether. He remarked that the                                                                    
scenario  was currently  the  "environment"  in the  private                                                                    
sector.  The  private sector  did  not  offer automatic  pay                                                                    
increases.  He  reiterated his  desire  for  a merit  system                                                                    
based  on  performance.  However,  the  bill  addressed  the                                                                    
"automatic" system that was currently in place.                                                                                 
                                                                                                                                
Representative  Millett  indicated  that the  state  offered                                                                    
stability,  a  "robust" health  care  plan,  a good  working                                                                    
environment, and  paid leave. She believed  the bill offered                                                                    
more job  stability by providing  more money  for employees.                                                                    
She  thought that  state employment  was very  desirable and                                                                    
highly coveted.                                                                                                                 
                                                                                                                                
Representative  Johnson reminded  the committee  that future                                                                    
contract  negotiations would  deal with  other types  of pay                                                                    
increases.  He noted  however, that  the "automatic  raises"                                                                    
would be  "off of  the table." Representative  Gara remarked                                                                    
that  differing   views  on  the   bill  were   evident.  He                                                                    
referenced the Department of  Administration (DOA) data that                                                                    
two categories  of employees started at  below market wages.                                                                    
He  viewed  the  bill  as  a  deterrent  to  attracting  and                                                                    
retaining professional employees. He  believed that the best                                                                    
way to  solve the  issue was  to come  together and  adopt a                                                                    
fiscal  plan.  He  voiced  that  the  answer  was  to  raise                                                                    
revenue.                                                                                                                        
                                                                                                                                
Co-Chair  Thompson agreed  with adopting  a fiscal  plan but                                                                    
thought  that the  bill was  also a  step in  addressing the                                                                    
deficit.                                                                                                                        
                                                                                                                                
11:29:15 AM                                                                                                                   
                                                                                                                                
Representative Johnson  interjected that part of  why people                                                                    
worked for the state was due to the benefit package.                                                                            
                                                                                                                                
Vice-Chair Saddler remarked that  the bill was "common sense                                                                    
legislation." He  appreciated that  the bill did  not affect                                                                    
currently  negotiated contracts  and favored  that the  bill                                                                    
was linked  to state revenue.  He thought that  morale would                                                                    
be  worse if  a  person was  unemployed.  He referenced  the                                                                    
fiscal note  that projected roughly $31  million in savings.                                                                    
He wondered  whether the  sponsors had  any data  related to                                                                    
the equivalent amount of state employees in job reductions.                                                                     
                                                                                                                                
Co-Chair Thompson  remarked that a revised  fiscal note that                                                                    
addressed the changes in the CS was forthcoming.                                                                                
                                                                                                                                
Representative  Johnson  offered   that  the  average  state                                                                    
salary was $66 thousand per year.                                                                                               
                                                                                                                                
Representative Wilson  asked what  the price per  barrel was                                                                    
that  the  current  budget   was  based  on.  Representative                                                                    
Johnson  replied   that  the  budget  was   based  on  $110.                                                                    
Representative  Wilson asked  whether entry  level employees                                                                    
could  still be  promoted. Representative  Millett responded                                                                    
in   the  affirmative   and   added   that  the   geographic                                                                    
differential  was still  intact as  well as  the possibility                                                                    
for future union negotiated raises.                                                                                             
                                                                                                                                
Representative  Wilson asked  about  the mandatory  furlough                                                                    
days  for state  employees.  Representative Millett  replied                                                                    
that mandatory  furlough amounted to 5  days. Representative                                                                    
Wilson asked whether the 5  day furlough was still in effect                                                                    
with passage  of the  bill. Representative  Johnson answered                                                                    
in  the  affirmative.   Representative  Wilson  thanked  the                                                                    
sponsors for offering the legislation.  She favored that the                                                                    
bill  was predicated  on the  price of  oil. She  asked what                                                                    
would  happen if  the effective  date of  the bill  was July                                                                    
1st. Representative Johnson replied  that the contracts that                                                                    
were negotiated  but not ratified  would be included  in the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Co-Chair  Thompson  reported  that currently  there  were  4                                                                    
contracts  that had  been ratified  and were  funded in  the                                                                    
budget. Other contracts were  presently being negotiated and                                                                    
would be affected by the legislation.                                                                                           
                                                                                                                                
11:35:56 AM                                                                                                                   
                                                                                                                                
Representative  Gattis stated  that  she was  "disappointed"                                                                    
about  the timing  of the  bill's  introduction. She  agreed                                                                    
with    honoring   the    ratified   contracts    that   the                                                                    
administration  negotiated  that  included  reductions.  She                                                                    
referenced emails  from state workers  asking what  pay cuts                                                                    
the legislature  enacted for themselves.  She asked  for the                                                                    
record what the legislature's  pay cuts were. Representative                                                                    
Johnson  stated that  the  House  of Representative  reduced                                                                    
staff, mandated  furloughs, and reduced office  accounts. He                                                                    
relayed that  a board  controlled legislator's  salaries and                                                                    
commented that the legislator  rebuffed its last recommended                                                                    
salary  increase.   Representative  Gattis   clarified  that                                                                    
legislators  had   not  received   pay  raises   and  either                                                                    
decreased staff  pay or  eliminated positions.  She stressed                                                                    
that  legislators  were leading  by  example  and took  many                                                                    
reductions. She asked  whether there had been  a study about                                                                    
whether state  salaries were  competitive. She  advised that                                                                    
the state  perform a  wage comparison  study. Representative                                                                    
Millett   spoke  to   her  work   experience   in  DOA   and                                                                    
acknowledged that  job studies were  done but was  not aware                                                                    
of any current studies.                                                                                                         
                                                                                                                                
11:41:11 AM                                                                                                                   
                                                                                                                                
Representative Gattis stated that  the job comparison should                                                                    
not only focus on entry  level positions but consider higher                                                                    
level positions.  She cited emails she  received stating the                                                                    
belief that  higher level  positions were  over compensated.                                                                    
She  believed that  the  bill forced  an  evaluation of  the                                                                    
state's employment system.                                                                                                      
                                                                                                                                
Co-Chair   Thompson  relayed   that   the   last  time   the                                                                    
legislators  received  a  pay   increase  was  in  2008  and                                                                    
additionally  did   not  receive  any  merit   pay  or  step                                                                    
increases.                                                                                                                      
                                                                                                                                
Representative Munoz  asked how many contracts  had not been                                                                    
approved and how  many employees were affected  by the bill.                                                                    
Representative Johnson did not know the answer.                                                                                 
                                                                                                                                
Co-Chair   Thompson  reiterated   that   4  contracts   were                                                                    
ratified.                                                                                                                       
                                                                                                                                
Representative   Munoz  asked   Representative  Johnson   to                                                                    
estimate  how  many employees  would  be  affected based  on                                                                    
information  he   had  access  to.   Representative  Johnson                                                                    
responded  that  approximately  15 thousand  employees  were                                                                    
affected by the bill.  Representative Munoz wondered whether                                                                    
partially  exempt   employees  were  included  in   HB  379.                                                                    
Representative Johnson responded in the affirmative.                                                                            
                                                                                                                                
Representative Guttenberg worried that  the bill treated all                                                                    
employees the  same. He  offered that  the Court  System did                                                                    
not control how many people it  had to serve and had already                                                                    
taken   significant  reductions.   He  related   that  state                                                                    
troopers were motivated to leave  state employment after the                                                                    
state  invested in  their training  which was  expensive. He                                                                    
observed that  state employees were unfairly  criticized and                                                                    
many were doing more with  less. He noted that the Permanent                                                                    
Fund  Corporation recently  lost a  highly paid  employee to                                                                    
the private  sector for triple  the salary who had  made the                                                                    
state "a lot of money."  He believed that people only looked                                                                    
at his  salary and not his  value as an employee.  He voiced                                                                    
that deep  reductions were already enacted,  state employees                                                                    
were working harder with less,  and that state services were                                                                    
threatened. He pointed out that  the public did not know the                                                                    
extent of  the cuts. He  suggested that there were  parts of                                                                    
the economy  that remained unaffected by  the state's fiscal                                                                    
situation. He  concluded that the legislation  was not equal                                                                    
across the  board. Representative  Millett replied  that the                                                                    
state's  pay  was  not  equitable   because  there  were  14                                                                    
different  bargaining  units.  She was  also  hearing  about                                                                    
people leaving state service for  jobs in the private sector                                                                    
but  questioned  the  validity of  the  hearsay  and  wanted                                                                    
accurate data. She thought the  government competed with the                                                                    
private  sector for  employees. She  thought removing  merit                                                                    
pay was  equitable due to  the bargaining unit's  ability to                                                                    
negotiate on behalf of the employees objectives.                                                                                
                                                                                                                                
Co-Chair Thompson recognized  the presence of Representative                                                                    
Stutes.                                                                                                                         
                                                                                                                                
11:51:26 AM                                                                                                                   
                                                                                                                                
Representative Johnson  was unsure how to  draft legislation                                                                    
that singled  out any group  of employees  without violating                                                                    
laws. He felt the legislation  was the most equitable way to                                                                    
address the merit  pay issue. He relayed  that the Permanent                                                                    
Fund Corporation  was not included  in the bill.  He pointed                                                                    
out that  trooper retention was  always problematic  and was                                                                    
often  due to  job  location.  He was  unsure  that pay  was                                                                    
always the guiding principle for retention.                                                                                     
                                                                                                                                
Representative Guttenberg  related that  he had worked  as a                                                                    
union  member  his  entire life.  The  different  bargaining                                                                    
units were not related to  the equity issue he discussed. He                                                                    
clarified that  he was  speaking to  what happened  when all                                                                    
pay  adjustments  were  removed.   The  courts  had  already                                                                    
tightened their  belts considerably and now  they were being                                                                    
asked to  tighten them  more. He had  seen many  people take                                                                    
private sector  jobs after  being trained  by the  state. He                                                                    
was  referring   to  the  equity  between   departments  and                                                                    
positions and  all of  the employees asked  to do  more with                                                                    
less.                                                                                                                           
                                                                                                                                
11:55:18 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Saddler  noted  that  he  had  asked  about  the                                                                    
concessions made  with the  bargaining units  and discovered                                                                    
that they  amounted to $6  million. He  had yet to  hear the                                                                    
total  value  of  the  concessions  compared  to  the  total                                                                    
payroll. He  did not believe  the unions had given  up much.                                                                    
He  thought  the  legislation  represented  a  common  sense                                                                    
approach  to  an  "unprecedented"   drop  in  revenue  while                                                                    
preserving state jobs.                                                                                                          
                                                                                                                                
Representative Gattis spoke  to the geographical difference.                                                                    
She referenced  that the Cold  Foot Camp  employees received                                                                    
37 percent  above the base  salary and  the geo diff  was 50                                                                    
percent in  King Cove, Dead  Horse, and King Salmon  and was                                                                    
60 percent  in Kotzebue. She believed  that the differential                                                                    
"made up  the difference." She commented  that people choose                                                                    
jobs for many  different reasons and pay was  not always the                                                                    
main  driver. She  thought people  needed to  know that  the                                                                    
geographical  differentials   remained  and  had   not  been                                                                    
removed in the legislation.                                                                                                     
11:59:07 AM                                                                                                                   
                                                                                                                                
Representative Gara  recognized that the bill  was a measure                                                                    
to address  the budget  deficit. However, he  disagreed with                                                                    
the sponsors  about the bill.  He emphasized that  the state                                                                    
employed  child  protective   workers,  troopers  protecting                                                                    
communities, and many other  workers doing "important" state                                                                    
work.  He asked  whether  the sponsor  felt  that the  state                                                                    
would be able  to retain the "best people" for  the types of                                                                    
jobs  he described  under the  bill. Representative  Millett                                                                    
voiced that  she wanted to  retain as many state  workers as                                                                    
possible  with the  bill. She  restated  that the  contracts                                                                    
that had been  negotiated in the current year  would be held                                                                    
harmless. She  voiced that  the bill  did not  remove COLAs.                                                                    
The unions could negotiate a  cost of living increase in the                                                                    
future as well  as other pay adjustments. She  could not say                                                                    
that one  state worker was  of more value than  another. She                                                                    
valued state  workers and acknowledged that  "people rely on                                                                    
state  government." She  hoped to  stop merit  raises versus                                                                    
having to lay off more  state employees. She emphasized that                                                                    
the legislation saved jobs.                                                                                                     
                                                                                                                                
Co-Chair Thompson asked whether  there were further comments                                                                    
from the sponsors.                                                                                                              
                                                                                                                                
Representative  Johnson thanked  the  committee for  hearing                                                                    
the legislation.                                                                                                                
                                                                                                                                
12:05:01 PM                                                                                                                   
                                                                                                                                
Representative Kawasaki asked  whether the sponsors examined                                                                    
Governor Palin's  examination of  salary and  wage increases                                                                    
or the  subsequent study in  2009 that  recommended doubling                                                                    
the salary of legislators.                                                                                                      
                                                                                                                                
GRACE  ABBOTT,   STAFF,  REPRESENTATIVE   CHARISSE  MILLETT,                                                                    
responded  that there  had been  multiple discussions  about                                                                    
automatic merit  raises but  was uncertain  about everything                                                                    
that  was  considered.  Representative  Kawasaki  remembered                                                                    
that most current  legislators were in office  when the bill                                                                    
that  created the  existing pay  system  was introduced  and                                                                    
voted for  it. He wondered whether  Administrative Order 237                                                                    
that  laid out  the  context for  the  salary increases  was                                                                    
researched while crafting the bill.                                                                                             
                                                                                                                                
ROBERT ERVINE,  STAFF, REPRESENTATIVE CRAIG  JOHNSON, stated                                                                    
that there  had been some  discussions raised in  his office                                                                    
regarding Governor Palin's pay  increases that had "gone too                                                                    
far" and  the bill was  an attempt  to remedy and  propose a                                                                    
path  forward.  Representative  Kawasaki recounted  that  in                                                                    
2007  the  state  experienced  nearly  16  percent  employee                                                                    
"turnover."  He  relayed  that  the  discussion  focused  on                                                                    
retention and  that training  cost roughly  one half  of the                                                                    
cost of an annual salary.  He referenced the study from 2007                                                                    
that concluded  the federal government paid  24 percent more                                                                    
in COLAs  and that the  state needed to be  more competitive                                                                    
as an employer and "could do  better." He felt that the bill                                                                    
discounted  the   discussions  concerning   recruitment  and                                                                    
retention  and that  the bill  "might  harm recruitment  and                                                                    
retention" efforts.  Ms. Abbott agreed about  the importance                                                                    
of  recruitment and  retention and  believed  the study  was                                                                    
accurate at  the time.  She opined  that the  bill addressed                                                                    
the   present   situation   and  reflected   the   different                                                                    
environment of the state. She  thought the bill attempted to                                                                    
address what the state could afford.                                                                                            
                                                                                                                                
Vice-Chair  Saddler asked  whether the  current fiscal  note                                                                    
that reported  a savings of $18  million in FY 17  and $12.6                                                                    
million  in FY  18 were  applicable  to the  CS. Ms.  Abbott                                                                    
answered in the affirmative.                                                                                                    
                                                                                                                                
12:10:08 PM                                                                                                                   
                                                                                                                                
Representative  Gara referred  to two  fiscal notes  for the                                                                    
bill.  He indicated  that  he viewed  one  fiscal note  that                                                                    
reported $18  million in savings  and $12 million  in future                                                                    
years and another  that reported $30 million  in savings. He                                                                    
wondered which  fiscal note applied. Ms.  Abbott stated that                                                                    
to the best of her  knowledge the fiscal note was compounded                                                                    
and deferred to OMB for the answer.                                                                                             
                                                                                                                                
Co-Chair Thompson  directed Representative  Gara to  look at                                                                    
the analysis on page 2 of the executive branch fiscal note.                                                                     
                                                                                                                                
Representative  Gara   asked  for   clarification  regarding                                                                    
Sections 2 through 9 of the legislation.                                                                                        
                                                                                                                                
Mr.  Ervine  explained that  Sections  2  through Section  9                                                                    
referred to  the $90 progressivity provision  applied to the                                                                    
various state  employees. Section 2 applied  AS 39.27.011(h)                                                                    
and  Section  3 repealed  the  statute  as necessary,  which                                                                    
continued   in   the   same  manner   through   Section   9.                                                                    
Representative  Gara  remained  confused  about  Sections  2                                                                    
through 9.                                                                                                                      
Ms.  Abbott  clarified that  the  Sections  were crafted  to                                                                    
reflect both circumstance  where the price of  oil was below                                                                    
$90/bbl.   and   when   the  price   rose   above   $90/bbl.                                                                    
Representative  Gara mentioned  that Section  10 was  easily                                                                    
understood. He  wondered whether  Sections 2 through  9 were                                                                    
conforming provisions  for Section 10. Mr.  Ervine responded                                                                    
that Sections  2, 4, 6,  and 8 were conforming  statutes and                                                                    
Sections 3, 5,  and 7 repealed Sections 2, 4,  6, and 8 when                                                                    
the price of oil was above $90/bbl.                                                                                             
                                                                                                                                
12:15:26 PM                                                                                                                   
                                                                                                                                
Representative Edgmon  asked whether the intent  language in                                                                    
the  bill "comported"  with the  progressivity provision  in                                                                    
Section 10.  Ms. Abbott indicated  that the  intent language                                                                    
did comport because of the new effective date change.                                                                           
                                                                                                                                
Representative  Edgmon pointed  to the  sentence on  page 1,                                                                    
line 10 and read:                                                                                                               
                                                                                                                                
     …oil for sale on the United States West Coast for an                                                                       
     entire fiscal year is $90 or more,…                                                                                        
                                                                                                                                
Representative  Edgmon offered  that  the  language did  not                                                                    
conform to Section 10.                                                                                                          
                                                                                                                                
Mr. Ervine referred to Section 1, line 8 and read:                                                                              
                                                                                                                                
     …pay increments be fully or partially suspended…                                                                           
                                                                                                                                
Mr.  Ervine related  that the  fragment was  the "operative"                                                                    
conforming language. Representative  Edgmon thought that the                                                                    
language  was  not  conforming to  Section  10.  Mr.  Ervine                                                                    
shared  that  he  held   conversations  with  Daniel  Wayne,                                                                    
Attorney;  Legislative Legal  Services (LAA),  who confirmed                                                                    
that the language was "appropriate."                                                                                            
                                                                                                                                
Representative  Wilson thought  that job  seekers considered                                                                    
other factors  besides pay. She stated  that many businesses                                                                    
did not offer health  insurance and retirement benefits. She                                                                    
commented that  the legislation posed a  difficult decision.                                                                    
She believed  that state  employees worked  hard and  "did a                                                                    
good  job." The  decision had  nothing to  with workers  not                                                                    
performing,  but the  fact that  the state  "had to  put its                                                                    
house  in order."  She  recommended  readjusting the  entire                                                                    
state  employment system.  She  thought it  was the  correct                                                                    
time  to implement  the current  legislation. She  cautioned                                                                    
the University and "others" not  included in the legislation                                                                    
that the  legislature would  closely examine  its contracts.                                                                    
She  wanted  to get  the  state's  "house in  order"  before                                                                    
asking her  constituents for "other revenue."  She hoped the                                                                    
bill passed out  of committee today in light  of the state's                                                                    
deficit.                                                                                                                        
                                                                                                                                
12:19:57 PM                                                                                                                   
                                                                                                                                
Representative Munoz  had concerns with the  bill because it                                                                    
was not a universal approach.  She agreed that the merit pay                                                                    
system should  be reexamined.  She thought  that performance                                                                    
was the  best way  to judge merit  increases. She  felt that                                                                    
the  legislation was  separating  state  employees into  two                                                                    
categories; those  that received the pay  increments such as                                                                    
teachers  at  Mt.  Edgecombe High  School  and  the  General                                                                    
Government Unit and those that  did not such as correctional                                                                    
officers and public safety employees.                                                                                           
                                                                                                                                
Co-Chair  Thompson  maintained  that  each  bargaining  unit                                                                    
negotiated on its  own behalf and the  outcome never created                                                                    
equity among bargaining units.                                                                                                  
                                                                                                                                
Representative   Gattis   favored    the   legislation   and                                                                    
referenced  Representative  Kawasaki's   remarks  about  the                                                                    
Palin   Administration   implementing   the   merit   system                                                                    
currently in  place. She reminded  the committee  that under                                                                    
the Palin Administration the price  of oil was $140/bbl. She                                                                    
reported  receiving emails  from  state  employees who  felt                                                                    
"devalued" by the legislation and  related that no cuts were                                                                    
easy for  legislators. She  shared a  personal story  from a                                                                    
constituent and  thought the bill ensured  that everyone was                                                                    
"pitching in."                                                                                                                  
                                                                                                                                
Representative  Gara agreed  that everyone  needed to  pitch                                                                    
in.  However,   "hundreds"  of   state  jobs   were  already                                                                    
eliminated  which  created  a "ripple  effect"  through  the                                                                    
economy.  He observed  that state  workers already  "pitched                                                                    
in." He thought  there were better ways to  save $30 million                                                                    
than  eliminating state  employee pay  raises. He  suggested                                                                    
that without pay raises the  state would lose good people at                                                                    
a cost  of community  safety and child  protective services.                                                                    
He relayed his  wife's job experience in  the private sector                                                                    
as  an example.  She received  pay freezes  occasionally but                                                                    
only for  up to one  year and  would most likely  seek other                                                                    
employment  if a  pay freeze  lasted 10  years. He  asserted                                                                    
that there were better ways  to reduce the deficit. He noted                                                                    
that over  6000 corporations  were exempt from  paying state                                                                    
corporate  taxes. He  suggested  that  closing the  loophole                                                                    
alone would  raise $50  million to  $100 million  in revenue                                                                    
according  to a  10  year old  Department  of Revenue  (DOR)                                                                    
study. He could not support  the legislation and argued that                                                                    
there were  "smarter" ways to  save money than  to eliminate                                                                    
merit pay  for 10 years.  He reported that there  were other                                                                    
fiscal plans that  were not being discussed.  He agreed with                                                                    
the sponsors regarding engaging  in discussions on improving                                                                    
the merit system.                                                                                                               
                                                                                                                                
12:28:28 PM                                                                                                                   
                                                                                                                                
Representative  Guttenberg   clarified  that  when   he  was                                                                    
talking  about  fairness  he  was   not  talking  about  the                                                                    
different  bargaining  units  or  classifications  of  state                                                                    
employees.  He  was  talking  about  the  current  bill  not                                                                    
recognizing that some state  entities already "tightened its                                                                    
belt." He  did not  believe "in placing  more of  the burden                                                                    
and  an  unfair burden"  on  the  shoulders of  the  state's                                                                    
employees  and did  not  believe the  bill  was adequate  to                                                                    
address the fiscal crisis.                                                                                                      
                                                                                                                                
Vice-Chair Saddler commented that  morale was a problem when                                                                    
a  high  performing  state employee  sees  a  perceived  low                                                                    
performing state  worker also receive merit  pay. He thought                                                                    
it  was  appropriate  that in  the  future  the  legislature                                                                    
rewarded  workers  via  a "true  merit  system."  The  clear                                                                    
linkage between  merit and  performance would  improve state                                                                    
productivity and  morale. He referred  to a comment  made by                                                                    
the DOA Commissioner, Sheldon  Fisher's testimony that state                                                                    
worker pay exceeded  inflation by 11 percent and  rose to 31                                                                    
percent with the addition of  the COLA. He believed the bill                                                                    
was  a  "good  deal"  and  was  "common  sense  legislation"                                                                    
because it preserved jobs and  allowed for the reinstatement                                                                    
of merit pay as revenues improved.                                                                                              
                                                                                                                                
12:32:17 PM                                                                                                                   
                                                                                                                                
Representative  Kawasaki   reported  that  there   had  been                                                                    
several studies in the late  2000's which concluded that the                                                                    
state  was  not a  very  good  employer  due to  salary  and                                                                    
benefits and  that the state  could improve its status  as a                                                                    
competitive  employer.   He  restated  the   data  regarding                                                                    
turnover in  2006. He elaborated  that the cost  of training                                                                    
and  turnover  were  a  burden  on  the  state  and  created                                                                    
"incredible  challenges." He  relayed  hearing testimony  by                                                                    
agencies  that   reported  difficulty  in   recruitment  and                                                                    
retention and characterized state  employment as a "training                                                                    
ground"  for better  employment  in the  private sector.  He                                                                    
furthered that Commissioner  Fisher testified that "overall"                                                                    
the state's  "cash compensation" was below  market value for                                                                    
professional and  new employees.  He agreed that  there were                                                                    
some  employees  that  earned above  market  values  due  to                                                                    
longevity  and  tier  status  which  he  opined  "should  be                                                                    
applauded." He  remarked that public testimony  was heard in                                                                    
committee on a previous  Friday morning when state employees                                                                    
were diligently  working. He reported  receiving "a  lot" of                                                                    
emails from  public employees. He  noted the $12  million in                                                                    
savings reported  in the  fiscal note.  He thought  the bill                                                                    
"brought out"  people that  "demonized" legislators  and its                                                                    
work as well as state  employees and despised government. He                                                                    
believed the  situation was a  "shameful reflection"  of the                                                                    
consequences of actions such as  introduction of the HB 379.                                                                    
He  stated that  if  the legislature  continued to  "degrade                                                                    
merit and longevity and continued  to "demonize" the state's                                                                    
public employees  it would be  difficult to hire  and retain                                                                    
good workers. He  also remarked that the  bill linked public                                                                    
employee merit  with the price  of oil, which  the employees                                                                    
had  "nothing  to  do  with."  He  suggested  linking  other                                                                    
expenditures to the  price of oil. He felt  that the deficit                                                                    
was  the legislators  "fault"  and not  the  fault of  state                                                                    
employees. He  felt "badly that the  legislature was pushing                                                                    
the bill through."                                                                                                              
                                                                                                                                
Co-Chair Thompson  discouraged Representative  Kawasaki from                                                                    
speaking on behalf of  the sponsors. Representative Kawasaki                                                                    
clarified  his  remarks and  asserted  he  was relaying  his                                                                    
experience   of   the   consequences  of   introducing   the                                                                    
legislation.   He  believed   "folks"  were   metaphorically                                                                    
"beating up" public employees and it was "shameful."                                                                            
                                                                                                                                
Co-Chair  Neuman did  not agree  with his  remarks regarding                                                                    
beating up public employees.                                                                                                    
                                                                                                                                
Representative  Kawasaki  restated   that  he  had  received                                                                    
emails that were disparaging public  employees and felt that                                                                    
it was "shameful."                                                                                                              
                                                                                                                                
12:39:15 PM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
12:41:31 PM                                                                                                                   
RECONVENED                                                                                                                      
Representative Kawasaki continued that  the bill sent a "bad                                                                    
message"  to  state  employees  at a  time  when  the  state                                                                    
depended  on their  work  "more than  ever"  and that  state                                                                    
workers  contributed   to  making  the  state   "great."  He                                                                    
strongly opposed the bill.                                                                                                      
                                                                                                                                
12:42:22 PM                                                                                                                   
                                                                                                                                
Representative Edgmon did not  think the legislation was ill                                                                    
founded. He believed that the  discussion was appropriate in                                                                    
light  of the  state's fiscal  situation. He  understood the                                                                    
need  for  the  legislation.  He also  determined  that  the                                                                    
legislation  might have  deep ramifications.  He viewed  the                                                                    
discussion  less   about  merit  pay  and   more  about  the                                                                    
universal  merit and  employee  compensation  system of  the                                                                    
state. He  felt that he  was unable  to decipher all  of the                                                                    
"moving parts" in a system  with different tier status, etc.                                                                    
He noted that  the employees in the  criminal justice system                                                                    
were  already working  longer hours  with  less support.  He                                                                    
reported observations regarding  fiscal impacts and reported                                                                    
testimony   from    Commissioner   Fisher    regarding   the                                                                    
departments  absorbing  additional personnel  costs  through                                                                    
attrition   and  retired   employees   and  not   additional                                                                    
appropriations. He  reflected on  the overall impact  of the                                                                    
bill and  considered rural state  employees who  "never seem                                                                    
to catch  up" in  defiance of the  geographic differentials.                                                                    
He  mentioned the  "double edge  sword"  that described  the                                                                    
"exponential" effect  on rural areas  when the price  of oil                                                                    
rose. He  viewed the  legislation as  a major  policy change                                                                    
and  thought  it  needed further  consideration  and  proper                                                                    
vetting. He did not support  the bill that only "touched the                                                                    
outer  edges"  of  a  larger policy  and  was  only  quickly                                                                    
evaluated.                                                                                                                      
                                                                                                                                
12:47:17 PM                                                                                                                   
                                                                                                                                
Co-Chair   Neuman  stated   that   he   believed  that   the                                                                    
legislation was not  a pay cut, but rather a  pay freeze. He                                                                    
acknowledged the hard work of  state workers and voiced that                                                                    
the legislature  respected state  employees. He  related his                                                                    
personal work experience. He thought  of the bill as a means                                                                    
of  trying   to  protect  workers  rather   than  lying  off                                                                    
employees.  He endorsed  regulation reform  and believed  it                                                                    
would  reduce  employee  workload by  shrinking  enforcement                                                                    
duties.   He  maintained   that   decisions  around   budget                                                                    
reductions were very difficult but  necessary in the face of                                                                    
the fiscal crisis  and large deficits. He  stressed that the                                                                    
legislature had  reduced its budget. He  thought about cause                                                                    
and effect and  noted the importance of  paying attention to                                                                    
effects  like state  troopers leaving  state employment.  He                                                                    
viewed  the  legislation  as beneficial  but  asserted  that                                                                    
adjustments could  be made  if the  effect was  negative. He                                                                    
commented that  the state's economy was  "slowing down." The                                                                    
legislature had to  deal with the current  fiscal crisis and                                                                    
the legislation  was another difficult decision  that was on                                                                    
the table.                                                                                                                      
                                                                                                                                
12:53:12 PM                                                                                                                   
                                                                                                                                
Co-Chair Thompson asked whether members had any amendments.                                                                     
                                                                                                                                
Representative Gara moved Conceptual Amendment 1.                                                                               
                                                                                                                                
Representative Wilson objected.                                                                                                 
                                                                                                                                
Representative Gara explained Conceptual Amendment 1:                                                                           
                                                                                                                                
He stated that  the amendment was "delete  all material" and                                                                    
requested more  information about  the bill and  the state's                                                                    
salary system. He  did not possess an  "accurate picture" of                                                                    
how  the  system worked.  He  had  "suspicions" that  anyone                                                                    
would receive  merit pay without  working hard.  However, he                                                                    
thought it was worth looking  at how the state handled merit                                                                    
pay.  He  wondered whether  the  issue  interfered with  the                                                                    
rights  to collective  bargaining. He  did not  believe that                                                                    
the bill "gets  it right." He explained  that the conceptual                                                                    
amendment  requested  more  information  and  called  for  a                                                                    
review in order to construct  a fair system. The information                                                                    
was  not currently  available.  He  believed the  department                                                                    
could undertake  a study  without the  amendment and  felt a                                                                    
study and more discussion was warranted.                                                                                        
                                                                                                                                
Representative Gara WITHDREW Conceptual Amendment 1.                                                                            
                                                                                                                                
12:57:35 PM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
12:58:07 PM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
12:58:12 PM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
                                                                                                                                
12:59:41 PM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Neuman explained  that he  held a  discussion with                                                                    
the   sponsors  who   agreed  with   the   second  part   of                                                                    
Representative  Gara's conceptual  amendment that  requested                                                                    
further "study  to devise a  merit pay system  that properly                                                                    
awarded  performance and  recognized  the  public intent  in                                                                    
effective recruitment  and retention  with a  study prepared                                                                    
by December  31, 2016 for  the legislature." He felt  that a                                                                    
study was appropriate.                                                                                                          
                                                                                                                                
1:00:42 PM                                                                                                                    
                                                                                                                                
Co-Chair   Neuman  offered   the  amendment   as  Conceptual                                                                    
Amendment 2.                                                                                                                    
                                                                                                                                
Representative  Wilson objected  to Conceptual  Amendment 2.                                                                    
She had  no problem  with requesting  a study.  However, she                                                                    
objected to the latter half  of the amendment that requested                                                                    
to  "devise  a  merit   pay  system  that  properly  awarded                                                                    
performance and  recognized the  public intent  in effective                                                                    
recruitment  and  retention…"   She  believed  the  language                                                                    
contained  a "policy  call" for  the legislature  to decide.                                                                    
She  believed  that  the   amendment  as  currently  written                                                                    
authorized DOA to devise the merit pay system.                                                                                  
                                                                                                                                
Co-Chair  Neuman  agreed   with  Representative  Wilson.  He                                                                    
delineated  that his  intent was  to send  a message  to the                                                                    
administration to conduct the study by next year.                                                                               
                                                                                                                                
Co-Chair Neuman WITHDREW Amendment 2.                                                                                           
                                                                                                                                
Vice-Chair  Saddler   MOVED  to  REPORT  CSHB   379  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal note(s).                                                                                                    
                                                                                                                                
Representative Munoz Objected.                                                                                                  
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Pruitt, Saddler, Wilson, Gattis, Neuman, Thompson                                                                     
OPPOSED: Edgmon, Gara, Guttenberg, Kawasaki, Munoz                                                                              
                                                                                                                                
The MOTION PASSED (6/5).                                                                                                        
                                                                                                                                
CSHB 379 was REPORTED out of  committee with a "do not pass"                                                                    
recommendation  and  with  a   fiscal  impact  note  by  the                                                                    
Legislature, a fiscal impact note by the Alaska Judicial                                                                        
System, and a fiscal impact note by the Executive Branch.                                                                       
                                                                                                                                
^RECESSED TO THE CALL OF THE CHAIR                                                                                            
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
1:04:30 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 1:06 p.m.                                                                                          

Document Name Date/Time Subjects
HB 379 CS WORKDRAFT Ve 4-22-16.pdf HFIN 4/23/2016 11:00:00 AM
HB 379
2016.04.21 House Bill 379 Testimony.pdf HFIN 4/23/2016 11:00:00 AM
HB 379
HB 379 Letters Opposition PKT 3.pdf HFIN 4/23/2016 11:00:00 AM
HB 379
HB 379 Letters Support PKT 2.pdf HFIN 4/23/2016 11:00:00 AM
HB 379