Legislature(2005 - 2006)CAPITOL 106

02/17/2005 08:00 AM STATE AFFAIRS


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 98 NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT TELECONFERENCED
Moved CSHB 98(STA) Out of Committee
+= HB 94 ELECTIONS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
HB  98-NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT                                                                              
                                                                                                                                
9:48:25 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  next order of business was HOUSE                                                               
BILL  NO. 98,  "An Act  relating to  the compensation  of certain                                                               
public  officials,   officers,  and  employees  not   covered  by                                                               
collective bargaining agreements; and  providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
9:48:43 AM                                                                                                                    
                                                                                                                                
MIKE TIBBLES,  Deputy Commissioner,  Office of  the Commissioner,                                                               
Department of  Administration, presented HB  98 on behalf  of the                                                               
administration.   He described  [HB 98] as  an equity  issue that                                                               
will  bring  the  statutory  schedule,  for  those  employees  in                                                               
partially exempt and  exempt service, in line  with the contracts                                                               
negotiated under collective bargaining.                                                                                         
                                                                                                                                
9:50:40 AM                                                                                                                    
                                                                                                                                
MR. TIBBLES said  the Division of Personnel  can establish ranges                                                               
for  particular job  classes  through  a classification  process;                                                               
however, the dollar amount for  a particular range is established                                                               
by  one  of  two  mechanisms:     collective  bargaining  or  the                                                               
legislature's  adjusting the  statutory schedule.   The  proposed                                                               
legislation would do the latter.                                                                                                
                                                                                                                                
9:51:32 AM                                                                                                                    
                                                                                                                                
MR. TIBBLES told the committee why  the bill is so important.  He                                                               
said there  are 11 collective  bargaining agreements, and  by the                                                               
time the end of the  three-year contracts are reached, there will                                                               
be a 9  percent disparity between the statutory  pay schedule and                                                               
most of the collective bargaining agreements.   He said that is a                                                               
big disparity, a  morale issue for employees,  and certainly does                                                               
not  provide  an   incentive  for  employees  to   move  up  into                                                               
management  positions.   Mr.  Tibbles  stated  there are  certain                                                               
areas that have demonstrated recruitment problems.                                                                              
                                                                                                                                
9:53:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN said  he would like Mr. Tibbles  to state for                                                               
the  record  whether  [HB  98]   in  any  way  would  effect  the                                                               
legislators' salaries.                                                                                                          
                                                                                                                                
9:53:31 AM                                                                                                                    
                                                                                                                                
MR. TIBBLES responded that it would not.                                                                                        
                                                                                                                                
9:53:53 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON said:                                                                                                              
                                                                                                                                
     On page 3 ..., at the  top, where we're saying that the                                                                    
     salary adjustments  are --  the employees  are entitled                                                                    
     to receive  salary adjustments  comparable to  those of                                                                    
     the classified and partially exempt employee.                                                                              
                                                                                                                                
CHAIR SEATON asked if it  would become a problem "attaching those                                                               
two together."                                                                                                                  
                                                                                                                                
9:54:44 AM                                                                                                                    
                                                                                                                                
MR. TIBBLES  said there are  employees in executive  and judicial                                                               
branches that are  not paid [according to]  this salary schedule.                                                               
He  clarified  that the  bill  would  apply the  same  percentage                                                               
increases  to  "those  employees"   [as]  the  employees  on  the                                                               
schedule would receive.                                                                                                         
                                                                                                                                
9:56:07 AM                                                                                                                    
                                                                                                                                
MR.  TIBBLES, in  response  to a  remark  made by  Representative                                                               
Gatto, explained  that "entitled" is standard  language regarding                                                               
statutory  pay increases;  it  would ensure  it's  clear that  if                                                               
there's a 2  percent increase and the employee is  not being paid                                                               
[according to]  the statutory schedule, he/she  would be entitled                                                               
to receive the same 2 percent.                                                                                                  
                                                                                                                                
9:56:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  concurred   that  that   is  standard                                                               
language.   He turned to  Section 6 and  asked if it  is standard                                                               
language that  all [the  legislature's] authority  concerning the                                                               
pay  of "nonrepresented"  employees  in  University is  delegated                                                               
over to the Board of Reagents.                                                                                                  
                                                                                                                                
9:57:11 AM                                                                                                                    
                                                                                                                                
MR. TIBBLES answered, to his knowledge, yes.                                                                                    
                                                                                                                                
9:57:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  questioned  the  constitutionality  of                                                               
[the legislature's] delegating its authority.                                                                                   
                                                                                                                                
9:57:48 AM                                                                                                                    
                                                                                                                                
MR.  TIBBLES explained  that the  legislature has  authorized the                                                               
university  to establish  its own  classification and  pay plans.                                                               
He noted  that [the university]  does not operate on  "our salary                                                               
ranges or steps."                                                                                                               
                                                                                                                                
9:58:24 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON read from a copy of "1991 laws."                                                                                   
                                                                                                                                
9:58:45 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG concluded, "So, there's precedent."                                                                    
                                                                                                                                
9:58:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  moved to  report HB  98 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE GARDNER,  in response to  a request by  the chair,                                                               
withdrew the motion.                                                                                                            
                                                                                                                                
9:59:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ELKINS moved  Conceptual Amendment  1, to  delete                                                               
"two" on page 2, line 30, and insert "two[THREE]".                                                                          
                                                                                                                                
9:59:55 AM                                                                                                                    
                                                                                                                                
MR. TIBBLES noted that in  AS 39.27.011(f), the existing language                                                               
does refer to 3 percent;  therefore, Conceptual Amendment 1 would                                                               
match Legislative Legal and Research Service's drafting style.                                                                  
                                                                                                                                
10:00:24 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON asked  if  there was  any  objection to  Conceptual                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
10:00:44 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   GRUENBERG  objected,   and   then  removed   his                                                               
objection.                                                                                                                      
                                                                                                                                
CHAIR SEATON  announced that, there  being no  further objection,                                                               
Conceptual Amendment 1 was adopted.                                                                                             
                                                                                                                                
10:01:00 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GARDNER moved to report  HB 98, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.    There  being no  objection,  CSHB  98(STA)  was                                                               
reported out of the House State Affairs Standing Committee.                                                                     

Document Name Date/Time Subjects