Legislature(2013 - 2014)SENATE FINANCE 532

04/08/2013 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 85 EXPERIMENTAL VEHICLE PLATES TELECONFERENCED
Moved CSSB 85(TRA) Out of Committee
+ SB 95 STATE EMPLOYEE COMPENSATION AND BENEFITS TELECONFERENCED
Moved CSSB 95(FIN) Out of Committee
+ SB 96 OIL AND GAS AND GAS ONLY LEASES TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= SB 74 UNIVERSITY OF ALASKA BUILDING FUND
Moved SB 74 Out of Committee
= HB 77 LAND USE/DISP/EXCHANGES; WATER RIGHTS
Moved SCS CSHB 77(FIN) Out of Committee
SENATE BILL NO. 95                                                                                                            
                                                                                                                                
     "An  Act  relating  to  the  compensation,  allowances,                                                                    
     geographic differentials  in pay, and leave  of certain                                                                    
     public officials,  officers, and employees  not covered                                                                    
     by  collective   bargaining  agreements;   relating  to                                                                    
     certain  petroleum engineers  and petroleum  geologists                                                                    
     employed  by  the   Department  of  Natural  Resources;                                                                    
     relating to increased pay  for certain partially exempt                                                                    
     employees  of  the  state  in  specific  circumstances;                                                                    
     making  conforming  amendments;  and providing  for  an                                                                    
     effective date."                                                                                                           
                                                                                                                                
10:02:51 AM                                                                                                                   
                                                                                                                                
Vice-Chair Fairclough MOVED to  ADOPT the proposed committee                                                                    
substitute  for  CS  SB 95  (FIN),  Work  Draft  28-GS1101\U                                                                    
(Wayne, 4/7/13).                                                                                                                
                                                                                                                                
Co-Chair Meyer OBJECTED for discussion.                                                                                         
                                                                                                                                
10:04:01 AM                                                                                                                   
                                                                                                                                
Ms. Marasigan  noted that  her office  worked to  create the                                                                    
work  draft before  the committee.  She  requested that  the                                                                    
department provide a bill overview for the committee.                                                                           
                                                                                                                                
10:04:43 AM                                                                                                                   
                                                                                                                                
CURTIS   THAYER,   DEPUTY    COMMISSIONER,   DEPARTMENT   OF                                                                    
ADMINISTRATION (DOA) introduced himself  and the director of                                                                    
labor relations,  Nicki Neal.  He noted  two changes  to the                                                                    
bill. The first  addressed section 20 and a  change that did                                                                    
not  comply with  current law.  The  change included  salary                                                                    
adjustments  for certain  exempt officers  and employees  of                                                                    
the executive  branch. He noted that  the employees received                                                                    
COLAs, but when the bill  was drafted the option was omitted                                                                    
for exempt  employees. The second  piece would  allow judges                                                                    
to receive  the geographic  differential language.  He would                                                                    
discuss the issue further in his overview of the bill.                                                                          
                                                                                                                                
10:06:01 AM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer  WITHDREW  his  OBJECTION.  There  being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
10:06:22 AM                                                                                                                   
                                                                                                                                
Mr. Thayer  presented the PowerPoint, "Alaska  Department of                                                                    
Administration,  Overview  of  HB   195  and  SB  95,  State                                                                    
Employee Condensation and Benefits" (copy on file).                                                                             
                                                                                                                                
Mr. Thayer  began with slide 2:  "What are HB 195  and SB 95                                                                    
About?"                                                                                                                         
                                                                                                                                
   · Consistency with cost of living, reduction of leave                                                                        
     accrual, cap on leave amount and decreases in the pay                                                                      
     increment                                                                                                                  
   · Enhance ability to recruit and retain highly-skilled                                                                       
     professionals                                                                                                              
   · Implementation of Geographical Pay Differential for                                                                        
     last phase of remaining employees                                                                                          
                                                                                                                                
Mr. Thayer  continued with  slide 3:  "Overview of  the Bill                                                                    
Sections."                                                                                                                      
                                                                                                                                
   · Section 1-4: Leave Accrual and Cap                                                                                         
   · Section 5: Petroleum Engineers/Geologists                                                                                  
   · Section 6-8: Cost of Living Increases                                                                                      
   · Section 9: Pay Increments                                                                                                  
   · Section 10: Partially-Exempt Salaries                                                                                      
   · Section 11-14: Geographic Pay Differentials                                                                                
                                                                                                                                
Mr. Thayer discussed  slide 4, "New Leave  Accrual and Cap."                                                                    
He  stated that  the accrual  rates were  negotiated by  the                                                                    
General  Government  Employees  Union and  the  confidential                                                                    
employees to  reduce leave  accrual for  new-hires beginning                                                                    
July 1,  2013. The new  accrual rating required 16  years of                                                                    
service to receive 270 hours  of leave. He mentioned the new                                                                    
mandatory  leave  usage requiring  an  employee  to use  two                                                                    
weeks of leave  annually if they had less than  400 hours in                                                                    
their leave  balance. If  an employee  had greater  than 400                                                                    
hours  of leave  as of  December 16th,  they must  use three                                                                    
weeks of leave annually.                                                                                                        
                                                                                                                                
Mr.  Thayer pointed  out the  new maximum  accrual limit  of                                                                    
1000 hours  for executive,  judicial and  legislative branch                                                                    
employees. The department discovered,  prior to drafting the                                                                    
bill that without a cap  the department faced a $164 million                                                                    
liability in  employee's leave. The top  ten state employees                                                                    
would  cost  the  state  $1.6  million  at  retirement.  The                                                                    
legislation  would reduce  the  state's  leave liability  by                                                                    
two-thirds.                                                                                                                     
                                                                                                                                
10:09:22 AM                                                                                                                   
                                                                                                                                
Vice-Chair   Fairclough  appreciated   the  administration's                                                                    
efforts.  She  asked  about  the   survey  provided  by  the                                                                    
McDowell Group.  She wondered how the  mandatory leave usage                                                                    
compared to the average accrual for state employees.                                                                            
                                                                                                                                
Mr.   Thayer  explained   that  the   study  addressed   the                                                                    
geographic  pay   differential,  which  was  located   in  a                                                                    
different  portion of  the bill.  The study  established the                                                                    
cost of living.                                                                                                                 
                                                                                                                                
10:11:00 AM                                                                                                                   
                                                                                                                                
Vice-Chair Fairclough  wondered if  the sick leave  had been                                                                    
rolled into paid time off.                                                                                                      
                                                                                                                                
Mr. Thayer responded  that the state utilized  Paid Time Off                                                                    
(PTO), which encompassed all forms of leave.                                                                                    
                                                                                                                                
10:12:20 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Fairclough  wondered  about a  study  or  survey                                                                    
comparing sick leave with PTO for best practice.                                                                                
                                                                                                                                
10:12:36 AM                                                                                                                   
                                                                                                                                
Nicki Neal,  Director, Division of Personnel,  Department of                                                                    
Administration explained  that a  survey of that  nature had                                                                    
not  been   commissioned  in  Alaska.  Prior   to  the  2013                                                                    
collective  bargaining,   a  survey  of  other   states  was                                                                    
performed.   The   department    received   responses   from                                                                    
approximately  15  states that  had  annual  and sick  leave                                                                    
programs.  The  responding  states  reported a  cap  of  450                                                                    
hours.                                                                                                                          
                                                                                                                                
10:13:08 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Fairclough  appreciated   the  compromises.  She                                                                    
wondered  how  robust the  benefits  provided  by the  state                                                                    
were. She  hoped that the  administration would  continue to                                                                    
work with the union  contractors to communicate the dynamics                                                                    
facing  the state.  She asked  about a  comparison of  leave                                                                    
accrual among other states and the federal government.                                                                          
                                                                                                                                
10:14:56 AM                                                                                                                   
                                                                                                                                
Ms. Neal  was not  sure about  comparisons with  the federal                                                                    
government, but  she offered to  provide the  information to                                                                    
the  committee.  Regarding  other  states,  Alaska  compared                                                                    
appropriately with  leave accrual. She pointed  out that the                                                                    
other states had both annual  and sick leave, whereas Alaska                                                                    
had PTO.                                                                                                                        
                                                                                                                                
10:15:12 AM                                                                                                                   
                                                                                                                                
Mr.    Thayer     looked    at    slide     5,    "Petroleum                                                                    
Engineers/Geologists."                                                                                                          
                                                                                                                                
   Section 5:                                                                                                                   
                                                                                                                                
   · Removes  exclusion of  in  Division  of Geological  and                                                                    
     Geophysical Surveys (DGGS).                                                                                                
   · Only  1   position  -  DGGS,  Energy   Section  Manager                                                                    
     (currently SU Geologist V) - vacant since March 17,                                                                        
     2012.                                                                                                                      
        o Position requires complete understanding of                                                                           
          petroleum systems analysis and exploration that                                                                       
          is obtained primarily through industry experience                                                                     
        o Industry salaries are approximately 50 percent                                                                        
          higher than current authorized salary (data from                                                                      
          Assoc of Petroleum Geologists 2011 Survey)                                                                            
        o Two national searches failed - No qualified                                                                           
          applicants after 45 days of recruitment and                                                                           
          advertising in national trade publications                                                                            
   · Amendment applicable to DNR, DGGS only                                                                                     
                                                                                                                                
10:16:16 AM                                                                                                                   
                                                                                                                                
Mr. Thayer discussed slide 6, "Cost of Living Increases."                                                                       
                                                                                                                                
   Sections 6-8:                                                                                                                
                                                                                                                                
   · Effective 7/1/13 - 1 percent                                                                                               
   · Effective 7/1/14 - 1 percent                                                                                               
   · Effective 7/1/15 - 2.5 percent                                                                                             
   · Consistent   with   terms    of   recently   negotiated                                                                    
     collective bargaining agreements                                                                                           
   · Applies to  noncovered classified and  partially exempt                                                                    
     (PX) and many exempt employees of the executive                                                                            
     branch, employees of the legislature (AS 24.10.011),                                                                       
     and the judicial branch.                                                                                                   
                                                                                                                                
10:16:32 AM                                                                                                                   
                                                                                                                                
Mr. Thayer highlighted slide 7, "Pay Increments."                                                                               
                                                                                                                                
   Section 9:                                                                                                                   
                                                                                                                                
   · Effective 7/1/15 the  percentage between pay increments                                                                    
     (J and above) will decrease from 3.75 percent to 3.25                                                                      
     percent                                                                                                                    
   · Consistent   with   terms    of   recently   negotiated                                                                    
     collective bargaining agreements                                                                                           
   · Applies  to noncovered  classified and  PX employees  -                                                                    
     also applies to many exempt employees through policy                                                                       
   · Applies to legislative branch if a policy has been                                                                         
     adopted (AS 39.27.011(j))                                                                                                  
                                                                                                                                
10:17:06 AM                                                                                                                   
                                                                                                                                
Mr. Thayer displayed slide 8, "Partially-Exempt Salaries."                                                                      
                                                                                                                                
   Section 10:                                                                                                                  
                                                                                                                                
   · Partially Exempt (PX) positions are subject to                                                                             
     classification and pay plans which limits flexibility                                                                      
   · State often not competitive for top talent - need some                                                                     
     flexibility for mission critical positions                                                                                 
   · Governor or designee on case-by-case basis:                                                                                
        o serves critical governmental interest of state                                                                        
        o employee possesses exceptional qualifications                                                                         
        o recruitment difficulties exist; or                                                                                    
        o necessary to compete with labor market                                                                                
   · Applies to executive branch Partially Exempt (PX)                                                                          
     employees only                                                                                                             
                                                                                                                                
10:18:36 AM                                                                                                                   
                                                                                                                                
Mr.   Thayer   discussed    slide   9,   "Geographical   Pay                                                                    
Differentials." He  noted that sections 11-14  addressed the                                                                    
survey conducted by McDowell Group  in 2008 and completed in                                                                    
2009.  The study  set the  base  at zero  for Anchorage  and                                                                    
South Central  Alaska. Based on  the outcome of  the survey,                                                                    
Fairbanks  would see  a 3  percent  pay differential,  while                                                                    
Juneau and  Sitka would see  5 percent. Kodiak,  Cordova and                                                                    
Valdez  would  see 11  percent.  Dillingham,  Nome, and  the                                                                    
Roadless Interior would receive  37 percent. Barrow, Bethel,                                                                    
Aleutians,  and South  West small  communities would  see 50                                                                    
percent.  Kotzebue, Unalaska/Dutch  Harbor would  receive 60                                                                    
percent.                                                                                                                        
                                                                                                                                
Mr.  Thayer  furthered  that the  change  would  affect  the                                                                    
executive branch  with an increase for  483 employees, while                                                                    
122 would see no loss in pay  and 727 would see no change at                                                                    
all. The  legislative branch would  have 154  employees with                                                                    
an  increase, 24  without a  loss  in pay,  and 204  without                                                                    
change. He  noted that  the study  was performed  every five                                                                    
years depending on appropriations.                                                                                              
                                                                                                                                
10:20:34 AM                                                                                                                   
                                                                                                                                
Co-Chair Meyer  looked at  slide 9 and  opined that  the Tok                                                                    
and  Glennallen   Regions  would  be  more   expensive  than                                                                    
Anchorage.                                                                                                                      
                                                                                                                                
Mr. Thayer raised the same  question initially, and was told                                                                    
that  the  survey  viewed  the   cost  of  living,  housing,                                                                    
utilities,   food  and   transportation   when  making   the                                                                    
recommendations.                                                                                                                
                                                                                                                                
10:21:27 AM                                                                                                                   
                                                                                                                                
Co-Chair Kelly  wondered if the  percent above the  base was                                                                    
considered in the retirement calculations.                                                                                      
                                                                                                                                
Ms. Neal responded that a  Tier One employee was considered,                                                                    
otherwise  a person  must work  50  percent of  time in  the                                                                    
location  to receive  the geographical  pay differential  on                                                                    
retirement.                                                                                                                     
                                                                                                                                
10:22:15 AM                                                                                                                   
                                                                                                                                
Co-Chair   Meyer   wondered    if   the   geographical   pay                                                                    
differentials were budgeted into the operating budget.                                                                          
                                                                                                                                
Co-Chair Kelly replied that the  bill's cost was included in                                                                    
the fiscal note.                                                                                                                
                                                                                                                                
Co-Chair Meyer CLOSED public testimony.                                                                                         
                                                                                                                                
10:23:28 AM                                                                                                                   
                                                                                                                                
Mr. Thayer  discussed the fiscal notes,  which were prepared                                                                    
by  the Office  of  Management and  Budget  (OMB) and  would                                                                    
implement changes in  the first year of  the contract, which                                                                    
is when  the geographic  differential would take  effect. In                                                                    
FY 15  a decrease  would be seen.  The 2.5  percent increase                                                                    
would be seen in FY 16.                                                                                                         
                                                                                                                                
Co-Chair  Kelly   wondered  if  the  total   amount  of  the                                                                    
contracts was less than originally anticipated.                                                                                 
                                                                                                                                
Mr.  Thayer  concurred.  He  explained  that  various  union                                                                    
negotiations altered the projected figures.                                                                                     
                                                                                                                                
10:25:14 AM                                                                                                                   
                                                                                                                                
Co-Chair Kelly opined  that the fiscal note  fit well within                                                                    
the expectations.                                                                                                               
                                                                                                                                
10:25:49 AM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer  pointed  out that  the  fiscal  note  would                                                                    
change with the CS's inclusion of the courts.                                                                                   
                                                                                                                                
Mr.  Thayer   stated  that   the  court   sought  geographic                                                                    
differential  pay  for 23  judges,  which  would affect  the                                                                    
fiscal note minimally.                                                                                                          
                                                                                                                                
Vice-Chair   Fairclough    addressed   the    fiscal   notes                                                                    
individually. She noted that the  first fiscal note affected                                                                    
OMB in  FY 14 by $8,171,900,  in FY 15 by  $4,821,800 and FY                                                                    
16  by  $10,644,000.  The  bill  related  to  compensations,                                                                    
allowances, geographic  differentials in  pay and  leave for                                                                    
certain   public  officials,   employees   not  covered   by                                                                    
collective  bargaining  and  related  to  certain  petroleum                                                                    
engineers  and  geologists  employed by  the  Department  of                                                                    
Natural Resources  (DNR). Beginning in FY  14, salaries were                                                                    
increased by 1  percent, same for FY 15, but  an increase of                                                                    
2.5 percent was  anticipated for FY 16.  The salary schedule                                                                    
matched the recent negotiated  agreement reached between the                                                                    
state and the supervisory and general government units.                                                                         
                                                                                                                                
Vice-Chair Fairclough continued with  the second fiscal note                                                                    
for the  Legislative Branch.  In FY  14, $1,281,200,  FY 15,                                                                    
$410,400 and FY 16, $1,039,300  was stated. The final fiscal                                                                    
note was for  the Alaska Court System that  would be amended                                                                    
by  the 23  judges as  explained earlier.  The third  fiscal                                                                    
note  showed $741,900  for FY  14,  $749,100 for  FY 15  and                                                                    
$1,890,900 for FY 16.                                                                                                           
                                                                                                                                
10:28:30 AM                                                                                                                   
                                                                                                                                
Senator Hoffman remarked that legislators  would not see pay                                                                    
increases as a result of the legislation.                                                                                       
                                                                                                                                
Co-Chair  Meyer  asked  if  the  bill  pertained  to  staff.                                                                    
[Response was indecipherable]. He  understood that the total                                                                    
dollar amount was less than anticipated.                                                                                        
                                                                                                                                
Co-Chair Kelly replied yes.                                                                                                     
                                                                                                                                
Co-Chair Meyer  stated that the  fiscal note was  large, but                                                                    
so  was   the  number  of  employees.   He  appreciated  the                                                                    
negotiation process.  He was unsure  about whether  the deal                                                                    
was ratified.                                                                                                                   
                                                                                                                                
Mr.  Thayer replied  that the  supervisory unit  was in  the                                                                    
process of  ratification and expected  the wrap up  to occur                                                                    
later   in  the   month.  The   general  services   expected                                                                    
ratification in  the later part of  May, due to the  size of                                                                    
their bargaining unit. He clarified  that 23 judges would be                                                                    
eligible for the geographical pay differential.                                                                                 
                                                                                                                                
10:30:15 AM                                                                                                                   
                                                                                                                                
Co-Chair  Kelly  MOVED to  REPORT  CS  SB  95 (FIN)  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CS SB  95 (FIN)  was REPORTED  out of  committee with  a "do                                                                    
pass" recommendation and with a  new fiscal impact note from                                                                    
the  Legislature;  new fiscal  impact  note  from the  Court                                                                    
System;  and previously  published fiscal  impact note:  FN1                                                                    
(GOV).                                                                                                                          
                                                                                                                                
10:31:53 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:32:09 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB 95 - NEW Sectional Analysis.pdf SFIN 4/8/2013 9:00:00 AM
SB 95
SB 95 - Sectional Analysis.pdf SFIN 4/8/2013 9:00:00 AM
SB 95
SB 96_SFIN_4-8-13.pdf SFIN 4/8/2013 9:00:00 AM
SB 96
SB 96 Sectional.pdf SFIN 4/8/2013 9:00:00 AM
SB 96
SB96.Apache letter.pdf SFIN 4/8/2013 9:00:00 AM
SB 96
Sponsor Statement SB 96.pdf SFIN 4/8/2013 9:00:00 AM
SB 96
SB 85 Alaska Aerofuel Letter of Support.pdf SFIN 4/8/2013 9:00:00 AM
SB 85
SB 85 FEDCo Letter of Support.pdf SFIN 4/8/2013 9:00:00 AM
SB 85
SB 85 CS Memo.pdf SFIN 4/8/2013 9:00:00 AM
SB 85
SB 85 Sponsor Statement.pdf SFIN 4/8/2013 9:00:00 AM
SB 85
SB 85 VWGoA Support.pdf SFIN 4/8/2013 9:00:00 AM
SB 85
HB 77 Amendment 1.pdf SFIN 4/8/2013 9:00:00 AM
HB 77
SB 74 - Dedicated Fund Question Legal Memo.pdf SFIN 4/8/2013 9:00:00 AM
SB 74
CS for SB 95 State Employee Compensation and Benefits.pdf SFIN 4/8/2013 9:00:00 AM
SB 95
DOA_SB95-HB195_BillOverview(April2013).pptx SFIN 4/8/2013 9:00:00 AM
HB 195
SB 95
HB77SCSCS(FIN)-DNR-MLW-4-8-13.pdf SFIN 4/8/2013 9:00:00 AM
HB 77
SB95-ACS-000-04-02-13.pdf SFIN 4/8/2013 9:00:00 AM
SB 95
SB074-UA-SYSBRA-4-01-13.pdf SFIN 4/8/2013 9:00:00 AM
SB 74
HB 77 Wrangell Resolution Opposition.pdf SFIN 4/8/2013 9:00:00 AM
HB 77
HB 77 Public Testimony - Sandberg.pdf SFIN 4/8/2013 9:00:00 AM
HB 77
HB 77 Publit Testimony Opposition - Hillstrand.pdf SFIN 4/8/2013 9:00:00 AM
HB 77
SB 26 AK Chapter comment 22March2013.pdf SFIN 4/8/2013 9:00:00 AM
HB 77
SB 26