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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled SB 95                                                                                                          
01 Relating to the compensation, allowances, geographic differentials in pay, and leave of certain                         
02 public officials, officers, and employees not covered by collective bargaining agreements;                              
03 relating to the compensation and geographic differentials in pay of certain justices and judges;                        
04 relating to certain petroleum engineers and petroleum geologists employed by the Department                             
05 of Natural Resources; relating to increased pay for certain partially exempt employees of the                           
06 state in specific circumstances; making conforming amendments; and providing for an                                     
07 effective date.                                                                                                         
08                           _______________                                                                               
09    * Section 1. AS 22.05.140(c) is amended to read:                                                                   
10            (c)  In addition to the monthly salary, each justice is entitled to receive a                                
11       geographic cost-of-living adjustment each year on $100,000 of the justice's annual                            
12       base salary for that year [UNDER AS 22.35.010], based on the location of the                                  
13       primary office assignment. The commissioner of administration shall calculate the                             
01       geographic cost-of-living adjustment based on the geographic pay differentials                                
02       established under AS 39.27.020(a). Retirement contributions and benefits shall be                             
03       computed only on the monthly base salary not including the geographic cost-of-living                              
04       adjustment.                                                                                                       
05    * Sec. 2. AS 22.10.190(c) is amended to read:                                                                      
06            (c)  In addition to the monthly salary, each superior court judge is entitled to                             
07       receive a geographic cost-of-living adjustment each year on $100,000 of the judge's                           
08       annual base salary for that year [UNDER AS 22.35.010], based on the location of                               
09       the primary office assignment. The commissioner of administration shall calculate                             
10       the geographic cost-of-living adjustment based on the geographic pay                                          
11       differentials established under AS 39.27.020(a). Retirement contributions and                                 
12       benefits shall be computed only on the monthly base salary not including the                                      
13       geographic cost-of-living adjustment.                                                                             
14    * Sec. 3. AS 22.15.220(d) is amended to read:                                                                      
15            (d)  In addition to the monthly salary, each district court judge is entitled to                             
16       receive a geographic cost-of-living adjustment each year on $100,000 of the judge's                           
17       annual base salary for that year [UNDER AS 22.35.010], based on the location of                               
18       the primary office assignment. The commissioner of administration shall calculate                             
19       the geographic cost-of-living adjustment based on the geographic pay                                          
20       differentials established under AS 39.27.020(a). Retirement contributions and                                 
21       benefits shall be computed only on the monthly base salary not including the                                      
22       geographic cost-of-living adjustment.                                                                             
23    * Sec. 4. AS 39.20.200(a) is amended to read:                                                                      
24            (a)  Officers and employees of the state who are first employed before                                   
25       July 1, 2013, in a position for which leave may accrue are entitled to personal leave                         
26       with pay that accrues as follows:                                                                                 
27                 (1)  two days for each full monthly pay period in the case of officers                                  
28       and employees with less than two years of service;                                                                
29                 (2)  two and one-quarter days for each full monthly pay period in the                                   
30       case of officers and employees with two but less than five years of service;                                      
31                 (3)  two and one-half days for each full monthly pay period in the case                                 
01       of officers and employees with five but less than 10 years of service;                                            
02                 (4)  three days for each full monthly pay period in the case of officers                                
03       and employees with 10 years or more of service.                                                               
04    * Sec. 5. AS 39.20.200 is amended by adding a new subsection to read:                                              
05            (c)  Officers and employees of the state who are first employed on or after                                  
06       July 1, 2013, in a position for which leave may accrue are entitled to personal leave                             
07       with pay that accrues as follows:                                                                                 
08                 (1)  one and three-quarters days for each full monthly pay period in the                                
09       case of officers and employees with less than two years of service;                                               
10                 (2)  two days for each full monthly pay period in the case of officers                                  
11       and employees with two but less than five years of service;                                                       
12                 (3)  two and one-quarter days for each full monthly pay period in the                                   
13       case of officers and employees with five but less than 10 years of service;                                       
14                 (4)  two and one-half days for each full monthly pay period in the case                                 
15       of officers and employees with 10 but less than 15 years of service;                                              
16                 (5)  three days for each full monthly pay period in the case of officers                                
17       and employees with 15 years or more of service.                                                                   
18    * Sec. 6. AS 39.20.225(c) is amended to read:                                                                      
19            (c)  Except as otherwise provided in this section, each [EACH] officer or                            
20       [AND] employee shall, during each 12-month period, take at least 10 [FIVE] days of                            
21       personal leave. If the officer or employee does not take at least 10 [FIVE] days of                           
22       personal leave during a 12-month period, the difference between 10 [FIVE] days and                            
23       the amount of personal leave taken shall be canceled without pay unless the                                       
24       department or agency head certifies in writing that the officer or employee was denied                            
25       the opportunity to take 10 [FIVE] days of personal leave during the 12-month period.                          
26    * Sec. 7. AS 39.20.240 is amended to read:                                                                         
27            Sec. 39.20.240. Accumulation of personal leave. Except as provided in                                      
28       AS 39.20.225(c) and this section, personal leave that is not taken by an officer or                           
29       employee during a 12-month period accumulates for use in succeeding 12-month                                      
30       periods.                                                                                                          
31    * Sec. 8. AS 39.20.240 is amended by adding new subsections to read:                                               
01            (b)  Notwithstanding (a) of this section, an officer or employee may not                                     
02       accumulate more than 1,000 hours of personal leave at the end of each 12-month                                    
03       period for use in succeeding 12-month periods.                                                                    
04            (c)  The personnel board may adopt regulations to allow an exemption from the                                
05       requirements of (b) of this section if the department or agency head certifies in writing                         
06       that the officer or employee accumulated more than 1,000 hours of leave at the end of                             
07       a 12-month period because the officer or employee was denied the opportunity to use                               
08       personal leave.                                                                                                   
09            (d)  Each officer or employee who has a balance of accumulated personal leave                                
10       in excess of 400 hours on December 16, 2013, shall, until that balance becomes 400                                
11       hours or less,                                                                                                    
12                 (1)  be exempt from the limitation under (b) of this section; and                                       
13                 (2)  take at least 15 days of personal leave during each 12-month                                       
14       period.                                                                                                           
15            (e)  Unless the head of an agency or department certifies in writing that an                                 
16       officer or employee of the agency or department who is subject to the requirements of                             
17       (d) of this section was denied the opportunity to take at least 15 days of personal leave                         
18       during a 12-month period, 15 days of personal leave minus the number of days of                                   
19       personal leave that was taken by the officer or employee shall be subtracted from the                             
20       accrued personal leave balance of the officer or employee. The leave subtracted from                              
21       accrued personal leave shall be canceled without pay.                                                             
22    * Sec. 9. AS 39.25.110(14) is amended to read:                                                                     
23                 (14)  petroleum engineers and petroleum geologists employed in a                                        
24       professional capacity by the Department of Natural Resources and by the Alaska Oil                                
25       and Gas Conservation Commission [, EXCEPT FOR THOSE EMPLOYED IN THE                                               
26       DIVISION OF GEOLOGICAL AND GEOPHYSICAL SURVEYS IN THE                                                             
27       DEPARTMENT OF NATURAL RESOURCES];                                                                                 
28    * Sec. 10. AS 39.27.011(a) is repealed and reenacted to read:                                                      
29            (a)  The following monthly basic salary schedule is approved as the pay plan                                 
30       for classified and partially exempt employees in the executive branch of the state                                
31       government who are not members of a collective bargaining unit established under the                              
01       authority of AS 23.40.070 - 23.40.260 (Public Employment Relations Act) and for                                   
02       employees of the legislature under AS 24:                                                                         
03        Range   Step    Step     Step      Step     Step     Step                                                        
04        No.      A       B        C         D        E        F                                                          
05         5     2,151    2,211    2,273      2,339   2,408    2,471                                                       
06         6     2,273    2,339    2,408      2,471   2,543    2,619                                                       
07         7     2,408    2,471    2,543      2,619   2,698    2,785                                                       
08         8     2,543    2,619    2,698      2,785   2,864    2,951                                                       
09         9     2,698    2,785    2,864      2,951   3,046    3,133                                                       
10         10    2,864    2,951    3,046      3,133   3,229    3,323                                                       
11         11    3,046    3,133    3,229      3,323   3,436    3,545                                                       
12         12    3,229    3,323    3,436      3,545   3,665    3,790                                                       
13         13    3,436    3,545    3,665      3,790   3,922    4,061                                                       
14         14    3,665    3,790    3,922      4,061   4,204    4,363                                                       
15         15    3,922    4,061    4,204      4,363   4,503    4,672                                                       
16         16    4,204    4,363    4,503      4,672   4,841    5,011                                                       
17         17    4,503    4,672    4,841      5,011   5,184    5,361                                                       
18         18    4,841    5,011    5,184      5,361   5,527    5,737                                                       
19         19    5,184    5,361    5,527      5,737   5,917    6,133                                                       
20         20    5,527    5,737    5,917      6,133   6,318    6,551                                                       
21         21    5,917    6,133    6,318      6,551   6,752    6,997                                                       
22         22    6,318    6,551    6,752      6,997   7,225    7,483                                                       
23         23    6,752    6,997    7,225      7,483   7,733    8,022                                                       
24         24    7,225    7,483    7,733      8,022   8,289    8,569                                                       
25         25    7,733    8,022    8,289      8,569   8,879    9,210                                                       
26         26    8,022    8,289    8,569      8,879   9,210    9,541                                                       
27         27    8,289    8,569    8,879      9,210   9,541    9,900                                                       
28         28    8,569    8,879    9,210      9,541   9,900   10,244                                                       
29         29    8,879    9,210    9,541      9,900  10,244   10,606                                                       
30         30    9,210    9,541    9,900    10,244   10,606   10,979                                                       
31    * Sec. 11. AS 39.27.011(e) is amended to read:                                                                     
01            (e)  Effective July 1, 2014 [2011], the amounts set out in the salary schedule                           
02       contained in (a) of this section are increased by one [TWO] percent.                                          
03    * Sec. 12. AS 39.27.011(f) is amended to read:                                                                     
04            (f)  Effective July 1, 2015 [2012], the amounts set out in the salary schedule                           
05       contained in (a) of this section, as increased under (e) of this section, are increased by                        
06       2.5 [TWO] percent.                                                                                            
07    * Sec. 13. AS 39.27.011(h) is amended to read:                                                                     
08            (h)  Pay increments, computed at the rate of 3.25 [3.75] percent of the                                  
09       employee's base salary, shall be provided after an employee has remained in the final                             
10       step within a given range for two years, and every two years thereafter, if, at the time                          
11       the employee becomes eligible for the increment, the employee's current annual rating                             
12       by the employee's supervisors is designated as "good" or higher.                                                  
13    * Sec. 14. AS 39.27.011 is amended by adding a new subsection to read:                                             
14            (k)  Notwithstanding (a) - (j) of this section, the governor or a designee of the                            
15       governor may, on a case-by-case basis, authorize for a partially exempt employee in                               
16       the executive branch a higher pay than Step F. The authorization must be based on a                               
17       determination that the action serves a critical governmental interest of the state, the                           
18       employee possesses exceptional qualifications, recruitment difficulties exist, or the                             
19       action is necessary due to competitive salaries in the relevant labor market. A                                   
20       determination made under this subsection must be in writing.                                                      
21    * Sec. 15. AS 39.27.020 is repealed and reenacted to read:                                                         
22            Sec. 39.27.020. Geographic pay differentials. (a) The following geographic                                 
23       pay differentials established as a percentage above the basic salary schedule provided                            
24       in AS 39.27.011 are approved as an amendment to the basic salary schedule provided                                
25       in AS 39.27.011:                                                                                                  
26                                                 Geographic Pay                                                          
27       Duty Station                                 Differential                                                         
28       Anchor Point                                        0                                                             
29       Anchorage                                           0                                                             
30       Anchorage International Airport                     0                                                             
31       Aniak                                              50                                                             
01       Anvik                                              50                                                             
02       Auke Bay                                            5                                                             
03       Barrow                                             50                                                             
04       Bethel                                             50                                                             
05       Camp Carroll                                        0                                                             
06       Cantwell                                            0                                                             
07       Chena River                                         3                                                             
08       Chignik                                            50                                                             
09       Chitina                                             0                                                             
10       Cold Bay                                           50                                                             
11       Coldfoot Camp                                      37                                                             
12       Cooper Landing                                      0                                                             
13       Cordova                                            11                                                             
14       Craig                                               0                                                             
15       Crown Point                                         0                                                             
16       Deadhorse                                          50                                                             
17       Delta Junction                                      0                                                             
18       Denali                                              0                                                             
19       Dillingham                                         37                                                             
20       Douglas                                             5                                                             
21       Dutch Harbor                                       60                                                             
22       Eagle                                               0                                                             
23       Eagle River                                         0                                                             
24       Eielson Air Force Base                              3                                                             
25       Elfin Cove                                          0                                                             
26       Elmendorf Air Force Base                            0                                                             
27       Emmonak                                            50                                                             
28       Fairbanks                                           3                                                             
29       Finger Lake                                         0                                                             
30       Fort Richardson                                     0                                                             
31       Fort Wainwright                                     3                                                             
01       Fort Yukon                                         37                                                             
02       Gakona                                              0                                                             
03       Galena                                             37                                                             
04       Girdwood                                            0                                                             
05       Glennallen                                          0                                                             
06       Gustavus                                            0                                                             
07       Haines                                              0                                                             
08       Harding Lake                                        3                                                             
09       Healy                                               0                                                             
10       Homer                                               0                                                             
11       Hoonah                                              0                                                             
12       Iliamna                                            50                                                             
13       Juneau                                              5                                                             
14       Kaltag                                             50                                                             
15       Kenai                                               0                                                             
16       Ketchikan                                           0                                                             
17       King Cove                                          50                                                             
18       King Salmon                                        50                                                             
19       Klawock                                             0                                                             
20       Kodiak                                             11                                                             
21       Kotzebue                                           60                                                             
22       Mackenzie Point                                     0                                                             
23       Matanuska                                           0                                                             
24       McGrath                                            37                                                             
25       Mount Edgecumbe                                     5                                                             
26       Nancy                                               0                                                             
27       Nenana                                              0                                                             
28       Nikiski                                             0                                                             
29       Ninilchik                                           0                                                             
30       Nome                                               37                                                             
31       Northway                                            0                                                             
01       Palmer                                              0                                                             
02       Pelican                                             0                                                             
03       Petersburg                                          0                                                             
04       Port Alsworth                                      50                                                             
05       Port Moller                                        50                                                             
06       Saint Mary's                                       50                                                             
07       Sand Point                                         50                                                             
08       Selawik                                            60                                                             
09       Seward                                              0                                                             
10       Sitka                                               5                                                             
11       Skagway                                             0                                                             
12       Soldotna                                            0                                                             
13       Sterling                                            0                                                             
14       Sutton                                              0                                                             
15       Talkeetna                                           0                                                             
16       Tazlina                                             0                                                             
17       Tenakee Springs                                     0                                                             
18       Tok                                                 0                                                             
19       Trapper Creek                                       0                                                             
20       Unalakleet                                         50                                                             
21       Unalaska                                           60                                                             
22       Valdez                                             11                                                             
23       Wasilla                                             0                                                             
24       Whittier                                            0                                                             
25       Willow                                              0                                                             
26       Wrangell                                            0                                                             
27       Yakutat                                             0                                                             
28       Other states                                        0                                                             
29            (b)  If an employee's duty station is not included in (a) of this section and is not                         
30       in a foreign country, the commissioner of administration shall establish by regulation                            
31       the appropriate geographic pay differential. The regulations are not subject to                                   
01       AS 44.62 (Administrative Procedure Act).                                                                          
02            (c)  The commissioner of administration shall establish geographic pay                                       
03       differentials for positions in foreign countries. The differentials shall be adjusted                             
04       annually, effective July 1, to maintain equity between salaries for positions in foreign                          
05       countries and salaries for positions in the state.                                                                
06    * Sec. 16. AS 39.27.030 is repealed and reenacted to read:                                                         
07            Sec. 39.27.030. Geographic pay differential survey. Subject to appropriation,                              
08       the director of the division of personnel shall conduct a survey, at least every five                             
09       years, to review the geographic pay differentials under AS 39.27.020. The survey may                              
10       address factors the director determines are relevant to review state salary schedules,                            
11       entitlements for beneficiaries of state programs, and payments for state service                                  
12       providers. The survey must reflect the cost of living for duty stations in the state or                           
13       outside of the state by using the cost of living in Anchorage, Alaska, as a base.                                 
14    * Sec. 17. AS 39.35.675(d) is amended to read:                                                                     
15            (d)  In this section, "cost-of-living differential" means an adjustment to salary                        
16       based on the cost of living in the geographic region where the employee works and                                 
17       includes a geographic pay [STEP] differential under AS 39.27.020.                                             
18    * Sec. 18. AS 44.31.020 is amended to read:                                                                        
19            Sec. 44.31.020. Duties of department. The Department of Labor and                                          
20       Workforce Development shall                                                                                       
21                 (1)  enforce the laws and adopt regulations under them concerning                                       
22       employer-employee relationships, including the safety, hours of work, wages, and                                  
23       conditions of workers, including children;                                                                        
24                 (2)  accumulate, analyze, and report labor statistics;                                                  
25                 (3)  operate systems of workers' compensation and unemployment                                          
26       insurance;                                                                                                        
27                 (4)  gather data reflecting the cost of living in [THE] various locations                           
28       [ELECTION DISTRICTS] of the state upon request of the director of personnel under                                 
29       AS 39.27.030 [; IN THIS PARAGRAPH, "ELECTION DISTRICT" HAS THE                                                    
30       MEANING GIVEN IN AS 39.27.020(b)];                                                                                
31                 (5)  operate the federally funded employment and training programs                                      
01       under 29 U.S.C. 2801 - 2945 (Workforce Investment Act of 1998);                                                   
02                 (6)  administer the state's program of adult basic education and adopt                                  
03       regulations to administer the program; and                                                                        
04                 (7)  administer the programs of the Alaska Vocational Technical Center                                  
05       and adopt regulations to administer the programs, including regulations that set rates                            
06       for student tuition and room and board and fees for the programs and services                                     
07       provided by the department regarding the Alaska Vocational Technical Center.                                      
08    * Sec. 19. AS 22.35.010 and AS 39.27.045 are repealed.                                                             
09    * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to                         
10 read:                                                                                                                   
11       SALARY ADJUSTMENTS FOR CERTAIN EXEMPT OFFICERS AND                                                                
12 EMPLOYEES OF THE EXECUTIVE BRANCH. The salary adjustments under                                                         
13 AS 39.27.011(a), as repealed and reenacted by sec. 10 of this Act, and under AS 39.27.011(e)                            
14 and (f), as amended by secs. 11 and 12 of this Act, apply to public officers who are in the                             
15 exempt service under AS 39.25.110 and who are not members of a collective bargaining unit                               
16 established under AS 23.40.070 - 23.40.260 (Public Employment Relations Act) or otherwise                               
17 covered by AS 39.27.011(a).  In this section, "public officers" includes the heads of principal                         
18 departments of the executive branch and permanent and temporary employees in the                                        
19 executive branch, not including the governor and the lieutenant governor.                                               
20    * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22       SALARY ADJUSTMENTS FOR CERTAIN EMPLOYEES OF THE JUDICIAL                                                          
23 BRANCH. (a) The salary adjustments under AS 39.27.011(a), as repealed and reenacted by                                  
24 sec. 10 of this Act, and under AS 39.27.011(e) and (f), as amended by secs. 11 and 12 of this                           
25 Act, apply to permanent and temporary employees and magistrates in the judicial branch of                               
26 the state government, other than justices and judges, who are not members of a collective                               
27 bargaining unit established under AS 23.40.070 - 23.40.260 (Public Employment Relations                                 
28 Act) and who are not otherwise covered by AS 39.27.011(a).                                                              
29       (b)  Justices of the supreme court and judges of the court of appeals and the superior                            
30 and district courts are entitled to receive salary adjustments provided for in secs. 10 - 12 of                         
31 this Act in accordance with AS 22.05.140(d), AS 22.07.090(c), AS 22.10.190(d), and                                      
01 AS 22.15.220(e).                                                                                                        
02    * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to                         
03 read:                                                                                                                   
04       SALARY INCREASES FOR CERTAIN EMPLOYEES OF THE UNIVERSITY OF                                                       
05 ALASKA. The employees of the University of Alaska who are not members of a collective                                   
06 bargaining unit are entitled to receive salary increases in accordance with the compensation                            
07 policy of the Board of Regents of the University of Alaska.                                                             
08    * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to                         
09 read:                                                                                                                   
10       APPLICABILITY. Section 14 of this Act applies to a partially exempt employee of                                   
11 the state in the executive branch hired before, on, or after the effective date of sec. 14 of this                      
12 Act.                                                                                                                    
13    * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15       TRANSITION: GEOGRAPHIC PAY DIFFERENTIAL FOR CERTAIN JUSTICES,                                                     
16 JUDGES, AND STATE EMPLOYEES. (a) If a state employee, including a justice or judge,                                     
17 employed on the effective date of sec. 15 of this Act would have the employee's pay lowered                             
18 as a result of changes to AS 39.27.020, as repealed and reenacted by sec. 15 of this Act, the                           
19 state may not lower the employee's pay as a result of those changes. However, the pay of a                              
20 state employee described in this subsection may not be raised as long as the employee remains                           
21 in the job and duty station that the employee was employed in on the effective date of sec. 15                          
22 of this Act, unless the employee is entitled to a pay raise irrespective of the changes to                              
23 AS 39.27.020, as repealed and reenacted by sec. 15 of this Act.                                                         
24       (b)  The geographic pay differentials under AS 39.27.020, as repealed and reenacted                               
25 by sec. 15 of this Act, do not apply to the pay of an employee whose pay is reduced because                             
26 of a demotion for cause or a voluntary demotion, and (a) of this section does not apply, as                             
27 long as the employee remains at the job and duty station that the employee was employed in                              
28 on the effective date of sec. 15 of this Act.                                                                           
29       (c)  If the pay for a position of an employee described in (a) of this section is lowered                         
30 by the reclassification of the position, the employee remains subject to (a) of this section as                         
31 long as the employee continues to remain at the job and duty station that the employee was                              
01 employed in on the effective date of sec. 15 of this Act.                                                               
02    * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to                         
03 read:                                                                                                                   
04       TRANSITION: REGULATIONS. The commissioner of administration or the                                                
05 personnel board may immediately adopt regulations necessary to implement the respective                                 
06 changes made by this Act. The regulations are not subject to AS 44.62 (Administrative                                   
07 Procedure Act). The regulations may take effect after the effective date of the law                                     
08 implementing the regulation.                                                                                            
09    * Sec. 26. Sections 6 - 8 of this Act take effect December 16, 2013.                                               
10    * Sec. 27. Section 13 of this Act takes effect July 1, 2015.                                                       
11    * Sec. 28.  Section 25 of this Act takes effect immediately under AS 01.10.070(c).                                 
12    * Sec. 29. Except as provided in secs. 26 - 28 of this Act, this Act takes effect July 1, 2013.                    
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