Legislature(2005 - 2006)CAPITOL 106
02/17/2005 08:00 AM STATE AFFAIRS
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* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was 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.