00 CS FOR HOUSE BILL NO. 260(STA) 01 "An Act relating to a State Officers Compensation Commission and establishing how 02 legislators, the governor, the lieutenant governor, and executive department heads shall 03 be compensated; providing for an effective date by repealing the effective dates of 04 certain sections of ch. 124, SLA 1986; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 24.10.100 is amended to read: 07 Sec. 24.10.100. Salary of legislators. Legislators shall receive a [THE] 08 monthly salary under AS 39.23 [FOR EACH MEMBER OF THE LEGISLATURE IS 09 $2,001]. The president of the senate and the speaker of the house of representatives 10 may receive additional compensation under AS 39.23 [ARE EACH ENTITLED 11 TO AN ADDITIONAL $500 A YEAR] during tenure of office. 12  * Sec. 2. AS 24.10.130 is amended to read: 13 Sec. 24.10.130. Moving expenses and per diem allowance. (a) A member of 14 the legislature may be [IS] entitled to reimbursement for the expenses of moving 01 between the member's place of residence and the capital city for the purpose of 02 attending a regular session of the legislature. 03 (b) Legislators and officers and employees of the legislative branch of 04 government may be [ARE] entitled to a per diem allowance. 05 (c) The Alaska Legislative Council shall adopt a policy in accordance with  06 AS 39.23.540(d) regarding reimbursement for moving expenses applicable to all 07 legislators and an applicable per diem allowance policy. The policy must set 08 conditions for the reimbursement for moving expenses and payment of per diem and 09 prescribe the amounts of reimbursement adapted to the special needs of the legislative 10 branch as determined by the council. 11  * Sec. 3. AS 39.20.010(a) is amended to read: 12 (a) The annual salary of the governor shall be in accordance with AS 39.23 13 [IS $125,000]. 14  * Sec. 4. AS 39.20.030(a) is amended to read: 15 (a) The annual salary of the lieutenant governor shall be in accordance with  16 AS 39.23 [IS $100,000]. 17  * Sec. 5. AS 39.20.080(a) is amended to read: 18 (a) The monthly salary of the head of each principal executive department of 19 the state shall be in accordance with AS 39.23 [IS NOT LESS THAN RANGE 28 20 NOR MORE THAN RANGE 30 OF THE SALARY SCHEDULE IN 21 AS 39.27.011(a) FOR JUNEAU, ALASKA]. 22  * Sec. 6. AS 39.23 is amended by adding new sections to read: 23 Sec. 39.23.500. Compensation commission established. (a) The State 24 Officers Compensation Commission is established. The commission is composed of 25 five members who are state residents appointed by the governor. One member shall be 26 appointed from a list of two or more candidates submitted by the president of the 27 senate. One member shall be appointed from a list of two or more candidates 28 submitted by the speaker of the house of representatives. Members serve for staggered 29 terms of four years. Except as provided in AS 39.05.080(4), a vacancy shall be filled 30 for the balance of the unexpired term. A commission member may serve not more than 31 two complete consecutive terms. 01 (b) The commission shall annually elect a member to chair its meetings. A 02 majority of the commission members constitutes a quorum to transact business. The 03 affirmative vote of three members is required to approve the commission's 04 recommendations on compensation. 05 (c) The commission shall meet at the call of the chair. Notice of a meeting 06 shall be mailed to each member at least 20 days before the date scheduled for the 07 meeting. 08 (d) The commission shall meet to discuss its findings and recommendations at 09 least twice before submitting its final report to the presiding officers of each house of 10 the legislature and the governor. 11 (e) For budgetary purposes, the commission shall be established in the 12 Department of Administration. 13 Sec. 39.23.510. Prohibitions against state or municipal service. (a) A 14 member of the commission may not be employed by the state, including the 15 University of Alaska, serve as a member of another state board, commission, or 16 authority, or hold elective state or municipal office during membership on the 17 commission. 18 (b) A member of the commission may not, in the four years preceeding that 19 member's appointment, have served in an office or position for which the commission 20 shall submit a recommendation under AS 39.23.540.  21 Sec. 39.23.520. Compensation. Members of the commission serve without 22 compensation but are entitled to per diem and travel expenses authorized for members 23 of boards and commissions under AS 39.20.180. 24 Sec. 39.23.530. Staff. The director of personnel in the Department of 25 Administration shall serve as ex officio secretary to the commission and provide 26 research, technical, and administrative services. 27 Sec. 39.23.540. Duties of the commission. (a) The commission shall review 28 the salaries, benefits, and allowances of members of the legislature, the governor, the 29 lieutenant governor, and each principal executive department head and prepare a 30 report on its findings at least once every two years, but not more frequently than every 31 year. The commission shall notify the legislature that the report is available. 01 (b) The commission may request reports or studies from any state agency as to 02 the rate and form of compensation, benefits, and allowances for legislators, the 03 governor, the lieutenant governor, and each executive department head. A state agency 04 from which a report or a study is requested shall furnish it within a period of time 05 prescribed by the commission.  06 (c) The commission shall prepare its preliminary findings and 07 recommendations for the compensation of state officers by November 15. The 08 commission shall give reasonable public notice of its preliminary findings and 09 recommendations, solicit public comments, and give due regard to the public 10 comments, before submitting a final report under (d) of this section. 11 (d) The commission shall make available to the governor and presiding 12 officers of each house of the legislature a final report of its findings and 13 recommendations as to the rate and form of compensation, benefits, and allowances 14 for legislators, the governor, the lieutenant governor, and each principal executive 15 department head during the first 10 days of a legislative session. Subject to (g) of this 16 section and unless a bill disapproving all the recommendations for all officers listed in 17 this section is enacted into law within 60 days after the recommendations are 18 submitted to the governor and presiding officers of each house of the legislature, a 19 recommendation as to the compensation, benefits, and allowances for 20 (1) a legislator has the force of law and becomes effective on the first 21 day of the next regular legislative session; and 22 (2) the governor, the lieutenant governor, and each principal executive 23 department head has the force of law and becomes effective on the first day of the 24 fiscal year following the fiscal year in which the recommendation is submitted. 25 (e) The commission may prepare amendments to the report submitted under 26 (d) of this section and notify the legislature that the amendments are available. 27 (f) A commission member who does not concur in the proposed or final 28 recommendations may attach written objections to the commission's report of its 29 findings and recommendations. 30 (g) A recommendation under this section increasing the compensation, 31 benefits, and allowances of a public officer is not effective unless all recommended 01 increases included in the final report under (d) of this section are fully funded by 02 appropriations. 03 Sec. 39.23.545. Recommendations relating to compensation. (a) A 04 recommendation of the commission may not have the effect of reducing the 05 compensation or benefits of the governor and lieutenant governor who are in office or 06 an executive department head who is appointed on or before the effective date of the 07 commission's recommendation. 08 (b) The commission may recommend reduction in compensation or benefits 09 for individuals who become governor, lieutenant governor, or an executive department 10 head after the effective date of the commission's recommendation. 11 Sec. 39.23.550. Filing with lieutenant governor and certification. The 12 commission shall, on transmitting its final recommendations for the compensation of 13 legislators to the legislature, file the recommendations in the office of the lieutenant 14 governor. When the recommendations become effective, the commission shall certify 15 the copy of the recommendations on file in the office of the lieutenant governor. 16 Sec. 39.23.560. Policy of the legislature. It is the policy of the legislature that 17 the commission recommend an equitable rate and form of compensation, benefits, and 18 allowances for legislators. 19 Sec. 39.23.570. Administrative Procedure Act. AS 44.62 (Administrative 20 Procedure Act) does not apply to proceedings of the commission. 21 Sec. 39.23.600. Definition. In this chapter, "commission" means the State 22 Officers Compensation Commission. 23  * Sec. 7. AS 39.23.200, 39.23.210, 39.23.220, 39.23.230, 39.23.240, 39.23.250, 39.23.260, 24 39.23.270, and 39.23.400 are repealed.  25  * Sec. 8. Sections 5, 6, 7, and 8, ch. 124, SLA 1986, and that portion of sec. 12, ch. 124, 26 SLA 1986, that provides for the delayed repeal of AS 24.10.100 and AS 24.10.105 are 27 repealed. 28  * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 INITIAL APPOINTMENTS AND TERMS; FIRST MEETING. (a) The initial 31 members of the State Officers Compensation Commission shall be appointed within 90 days 01 after the effective date of sec. 13 of this Act. 02 (b) Notwithstanding AS 39.23.500(a) as enacted by sec. 6 of this Act, the terms of the 03 first members of the State Officers Compensation Commission appointed by the governor 04 under AS 39.23.500(a), as enacted by sec. 6 of this Act, are as follows: (1) two members shall 05 be appointed for a four-year term; (2) one member shall be appointed for a three-year term; 06 (3) one member shall be appointed for a two-year term; and (4) one member shall be 07 appointed for a one-year term. The governor shall specify the term of office of each member 08 appointed subject to this section. 09 (c) Notwithstanding AS 39.23.500(c), as amended by sec. 6 of this Act, the first 10 meeting of the commission shall be called by the governor. 11  * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 CONDITIONAL EFFECT. (a) Sections 1 - 5 of this Act take effect only if 14 (1) the State Officers Compensation Commission, established under sec. 6 of 15 this Act, submits recommendations under AS 39.23.540(d), as amended by sec. 6 of this Act; 16 (2) those recommendations are not disapproved of in the time and manner 17 described in AS 39.23.540(d), as amended by sec. 6 of this Act; and 18 (3) all of those recommendations are fully funded by appropriations as 19 required by AS 39.23.540(g), added by sec. 6 of this Act. 20 (b) If the first recommendations submitted by the State Officers Compensation 21 Commission under (a) of this section are disapproved or are not fully funded, the commission 22 may continue to submit recommendations under (a) of this section until secs. 1 - 5 of this Act 23 take effect. 24  * Sec. 11. Section 9 and 12, ch. 124, SLA 1986, are repealed. 25  * Sec. 12. If secs. 1 - 5 of this Act take effect under sec. 10 of this Act, secs. 1 and 2 of this 26 Act take effect on the effective date of the appropriation described in sec. 10(a)(3) of this Act 27 fully funding the recommendation for legislators; and secs. 3 - 5 of this Act take effect on the 28 effective date of the appropriation described in sec. 10(a)(3) of this act fully funding the 29 recommendations for the governor, lieutenant governor, and each principal executive 30 department head. 31  * Sec. 13. Except as provided in sec. 12 of this Act, this Act takes effect immediately under 01 AS 01.10.070(c).