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HB 408: "An Act limiting compensation paid to state officers and employees to no more than the governor's compensation except as provided by law."

00HOUSE BILL NO. 408 01 "An Act limiting compensation paid to state officers and employees to no more 02 than the governor's compensation except as provided by law." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 22.05.140(a) is amended to read: 05  (a) Except as provided in (d) of this section, the monthly base salary of the 06 chief justice and [IS $9,203 AND FOR] each other justice [, THE MONTHLY BASE 07 SALARY] is $6,804 [$9,159]. 08 * Sec. 2. AS 22.05.140(d) is amended to read: 09  (d) If [BEGINNING JANUARY 1, 1991, IF] the monthly basic salary for the 10 governor under AS 39.20.010 [STEP E, RANGE 28, OF THE SALARY SCHEDULE 11 SET OUT IN AS 39.27.011] increases, the monthly base salary of the chief justice and 12 the other justices shall increase by the same percentage. The increase takes effect 13 when the governor's salary increase [UNDER AS 39.27.011] takes effect and may be 14 retroactive if consistent with the change to the governor's salary [IN AS 39.27.011].

01 The commissioner of administration shall, by regulation, establish the percentage at 02 which the salary is increased and the increased salary amount. 03 * Sec. 3. AS 22.07.090(a) is amended to read: 04  (a) Except as provided in (c) of this section, the monthly base salary of a 05 judge of the court of appeals is $6,804 [$8,652]. The compensation of a judge may 06 not be diminished during the term of office, unless by a general law applying to all 07 salaried officers of the state. 08 * Sec. 4. AS 22.07.090(c) is amended to read: 09  (c) If [BEGINNING JANUARY 1, 1991, IF] the monthly basic salary for the 10 governor under AS 39.20.010 [STEP E, RANGE 28, OF THE SALARY SCHEDULE 11 SET OUT IN AS 39.27.011] increases, the monthly base salary of the judges of the 12 court of appeals shall increase by the same percentage. The increase takes effect when 13 the governor's salary increase [UNDER AS 39.27.011] takes effect and may be 14 retroactive if consistent with the change to the governor's salary [AS 39.27.011]. The 15 commissioner of administration shall, by regulation, establish the percentage at which 16 the salary is increased and the increased salary amount. 17 * Sec. 5. AS 22.10.190(a) is amended to read: 18  (a) Except as provided in (d) of this section, the monthly base salary for each 19 superior court judge is $6,804 [$8,469]. 20 * Sec. 6. AS 22.10.190(d) is amended to read: 21  (d) If [BEGINNING JANUARY 1, 1991, IF] the monthly basic salary for the 22 governor under AS 39.20.010 [STEP E, RANGE 28, OF THE SALARY SCHEDULE 23 SET OUT IN AS 39.27.011] increases, the monthly base salary of the judges of the 24 superior court shall increase by the same percentage. The increase takes effect when 25 the governor's salary increase [UNDER AS 39.27.011] takes effect and may be 26 retroactive if consistent with the change to the governor's salary [AS 39.27.011]. The 27 commissioner of administration shall, by regulation, establish the percentage at which 28 the salary is increased and the increased salary amount. 29 * Sec. 7. AS 22.15.220(a) is amended to read: 30  (a) Except as provided in (e) of this section, the monthly base salary for each 31 district court judge is $6,804 [$7,179].

01 * Sec. 8. AS 22.15.220(e) is amended to read: 02  (e) If [BEGINNING JANUARY 1, 1991, IF] the monthly basic salary for the 03 governor under AS 39.20.010 [STEP E, RANGE 28, OF THE SALARY SCHEDULE 04 SET OUT IN AS 39.27.011] increases, the monthly base salary of the judges of the 05 district court shall increase by the same percentage. The increase takes effect when 06 the governor's salary increase [UNDER AS 39.27.011] takes effect and may be 07 retroactive if consistent with the change to the governor's salary [AS 39.27.011]. The 08 commissioner of administration shall, by regulation, establish the percentage at which 09 the salary is increased and the increased salary amount. 10 * Sec. 9. AS 39.20.080(a) is amended to read: 11  (a) The monthly salary of the head of each principal executive department of 12 the state is equal to the governor's salary [STEP E, RANGE 28 OF THE SALARY 13 SCHEDULE IN AS 39.27.011(a) FOR JUNEAU, ALASKA]. 14 * Sec. 10. AS 39.20.080(b) is amended to read: 15  (b) The monthly salary of a deputy head of a principal executive department 16 of the state is not less than Step A nor more than Step F, Range 28 of the salary 17 schedule in AS 39.27.011(a) for Juneau, Alaska , nor more than the governor's 18 salary . 19 * Sec. 11. AS 39.20 is amended by adding new sections to read: 20  Sec. 39.20.095. Salary limit. (a) Notwithstanding AS 23.40.070 - 23.40.260 21 (Public Employment Relations Act), the state may not pay an officer or employee a 22 basic monthly salary that is greater than the monthly salary of the governor set out in 23 AS 39.20.010 unless the salary is authorized by law under AS 39.20.097. 24  (b) In this section, 25  (1) "basic monthly salary" or "monthly salary" means an individual's 26 monthly salary before the addition of adjustments, including cost-of-living adjustments, 27 overtime wages, geographical differentials, hazardous duty pay, travel per diem, and 28 travel allowances; 29  (2) "state" includes the executive, legislative, and judicial branches of 30 state government, the University of Alaska, state boards, commissions, and authorities 31 including boards, commissions, authorities, and other entities created by statute but

01 having an existence separate from the state. 02  Sec. 39.20.097. Legislative approval of exceptions. The legislature may, by 03 law, approve a basic monthly salary that is greater than the monthly salary of the 04 governor set out in AS 39.20.010. In this section, "basic monthly salary" and 05 "monthly salary" have the meanings given in AS 39.20.095. 06 * Sec. 12. AS 42.40.110 is amended by adding a new subsection to read: 07  (c) Except as provided in AS 39.20.097, the board may not fix a basic monthly 08 salary for the chief executive officer or approve basic monthly salaries for other 09 executive officers that exceed the basic monthly salary of the governor set out in 10 AS 39.20.010. In this subsection, "basic monthly salary" has the meaning given in 11 AS 39.20.095. 12 * Sec. 13. The uncodified law of the State of Alaska is amended by adding a new section 13 to read: 14 APPLICATION TO COLLECTIVE BARGAINING AGREEMENTS AND 15 CONTRACTS. Nothing in this Act modifies the terms of a collective bargaining agreement 16 or a contract for personal or professional services in effect on the effective date of this Act. 17 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section 18 to read: 19 APPLICATION TO INCUMBENT JUDGES. The amendments to AS 22.05.140, 20 AS 22.07.090, AS 22.10.190, and AS 22.15.220, made by secs. 1 - 8 of this Act apply only 21 to the compensation of a justice or judge who first holds that judicial office on or after the 22 effective date of this Act.