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SB1354 - 432R - I Ver

Reference Title: state employee compensation; study committee

AN ACT
AMENDING LAWS 1997, FIRST SPECIAL SESSION, CHAPTER 3, SECTION 10; AMENDING LAWS 1997, FIRST SPECIAL SESSION, CHAPTER 1, SECTION 107; MAKING APPROPRIATIONS; RELATING TO STATE EMPLOYEE COMPENSATION.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Laws 1997, first special session, chapter 3, section 10 is amended to read:

Sec. 10. Joint legislative study committee on state employee compensation

A. The joint legislative study committee on state employee compensation is established consisting of the following sixteen EIGHTEEN members:

1. Three members of the house of representatives who are appointed by the speaker of the house of representatives. No more than two of these members shall be from the same political party. THE SPEAKER SHALL DESIGNATE ONE OF THESE MEMBERS TO SERVE AS COCHAIRPERSON OF THE COMMITTEE.

2. Three members of the senate who are appointed by the president of the senate. No more than two of these members shall be from the same political party. THE PRESIDENT SHALL DESIGNATE ONE OF THESE MEMBERS TO SERVE AS COCHAIRPERSON OF THE COMMITTEE.

3. Three members who are experts on employee compensation. Of these members, two shall be appointed by the governor and one by the speaker of the house of representatives.

4. Three FOUR members who are employees of the THIS state and who have at least ten years of state service. Of these members, two shall be appointed by the governor , and one by the president of the senate AND ONE BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES .

5. One member from the university personnel system who is appointed by the executive director of the board of regents.

6. Three members who are state agency directors, deputy directors , or assistant directors and who are appointed by the governor.

7. ONE MEMBER WHO IS A STATE EMPLOYEE AND A MEMBER OF AN EMPLOYEE ASSOCIATION AND WHO IS APPOINTED BY THE GOVERNOR.

B. The committee shall study , until January 1, 1998, THE VARIOUS STATE PERSONNEL SYSTEMS, state employee compensation and related issues, including salary, benefits , AND employee turnover , the various state personnel systems and . THE COMMITTEE SHALL INCLUDE IN ITS STUDY comparisons to other COMPARABLE public and private major employers.

C. By January 1, 1998 ON OR BEFORE DECEMBER 1 OF EACH YEAR , the committee shall make SUBMIT WRITTEN recommendations to the speaker of the house of representatives, president of the senate , SECRETARY OF STATE, DIRECTOR OF THE DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS and governor on a long - term strategy for addressing state employee compensation.

D. Members of the committee are not eligible to receive compensation but are eligible to receive reimbursement for expenses pursuant to title 38, chapter 4, article 2.

E. ON OR BEFORE AUGUST 1, 1998, THE DEPARTMENT OF ADMINISTRATION SHALL:

1. REVIEW THE PERSONNEL CLASSIFICATION SYSTEM AND REPORT TO THE COMMITTEE ON POTENTIAL CHANGES TO THE SYSTEM. IN ITS REVIEW, THE DEPARTMENT SHALL CONSIDER AT LEAST THE FOLLOWING:

(a) PLACING THE EMPHASIS ON FEWER, BROADER JOB CLASSES.

(b) LIMITING THE NUMBER OF INDIVIDUAL CLASSIFICATION ACTIONS.

(c) IMPLEMENTING A PROCESS TO REVIEW ALL JOB CLASSES ONCE EVERY THREE TO FIVE YEARS.

2. EXAMINE AND REPORT TO THE COMMITTEE ON THE POSSIBILITY OF PLACING ON THE APPLICATION FOR EMPLOYMENT A QUESTION REGARDING WHETHER THE APPLICANT HAS EVER BEEN DISMISSED FROM STATE EMPLOYMENT FOR CAUSE PURSUANT TO SECTION 41-770, ARIZONA REVISED STATUTES.

F. ON OR BEFORE OCTOBER 31, 1998, THE DEPARTMENT OF ADMINISTRATION SHALL:

1. REPORT TO THE COMMITTEE ON THE IMPLEMENTATION OF TRAINING FOR MANAGERS AND SUPERVISORS PURSUANT TO SECTION 41-763, ARIZONA REVISED STATUTES.

2. STUDY AND REPORT TO THE COMMITTEE ON THE IMPLEMENTATION MEASURES NECESSARY TO CENTRALIZE HUMAN RESOURCES POLICIES WITHIN THE DEPARTMENT AND TO DECENTRALIZE HUMAN RESOURCES OPERATIONAL FUNCTIONS.

3. AT THE DIRECTION OF THE COMMITTEE, CONDUCT A SURVEY TO EXAMINE STATE EMPLOYEE PERCEPTIONS REGARDING BENEFITS AND REPORT THE RESULTS OF THE SURVEY TO THE COMMITTEE.

4. STUDY AND REPORT TO THE COMMITTEE ON THE CURRENT COMPARABILITY OF STATE EMPLOYEE BENEFITS TO THOSE PROVIDED BY OTHER PUBLIC AND PRIVATE SECTOR EMPLOYERS. THE STUDY SHALL INCLUDE A RANGE OF EMPLOYER TYPES AND SIZES THAT ARE REPRESENTATIVE OF THE STATE LABOR MARKET.

5. REPORT TO THE COMMITTEE ON THE DEPARTMENT'S PROGRESS IN PURCHASING AND INSTALLING A COMPREHENSIVE COMPENSATION SOFTWARE PACKAGE FOR ONGOING DATA COLLECTION, ANALYSIS AND AD HOC REPORTING REQUIREMENTS RELATING TO STATE EMPLOYEE COMPENSATION.

6. EXAMINE AND REPORT TO THE COMMITTEE ON A NEW APPRAISAL FORM FOR MANAGERS AND SUPERVISORS.

Sec. 2. Laws 1997, first special session, chapter 1, section 107 is amended to read:

Sec. 107. Appropriation; salary adjustments

1997-98 1998-99

General salary adjustments $ 47,645,000 $ 53,765,000

$ 31,410,000

Fund sources:

State general fund $ 40,500,000 $ 45,700,000

$ 26,700,000

Other appropriated funds 7,145,000 8,065,000

4,710,000

Classification salary adjustments $ 4,115,000 $ 19,410,000

$ 41,783,500

Fund sources:

State general fund $ 3,500,000 $ 16,500,000

$ 35,500,000

Other appropriated funds 615,000 2,910,000

6,283,500

The other appropriated funds may be allocated from the following funds: abandoned vehicle fund, board of accountancy fund, office of administrative hearings fund, air permits administration fund, air quality fund, antitrust revolving fund, board of appraisal fund, Arizona arts trust fund, state aviation fund, auto theft authority fund, bond fund, board of barber examiners fund, board of behavioral health examiners fund, capital outlay stabilization fund, state charitable, penal and reformatories land fund, child abuse prevention fund, child fatality review team fund, child support enforcement administration fund, board of chiropractic examiners fund, citrus, fruit and vegetable revolving fund, Arizona coliseum and exposition center fund, collection enforcement revolving fund, commerce and economic development commission fund, commercial feed fund, community college certification fund, confidential intermediary fund, consulting and training fund, corrections fund, board of cosmetology fund, criminal justice enhancement fund, county fair racing fund, court appointed special advocate fund, dealer enforcement fund, board of dental examiners fund, board of dispensing opticians fund, drug and gang prevention resource center fund, egg inspection fund, emergency medical services operating fund, emissions inspection fund, environmental special plate fund, estate and unclaimed property fund, fertilizer materials fund, full employment demonstration project fund, board of funeral directors and embalmers fund, game and fish fund, game, non-game, fish and endangered species fund, hazardous waste fund, state highway fund, Arizona highway patrol fund, board of homeopathic medical examiners fund, housing trust fund, industrial commission administrative fund, information technology fund, interagency service agreements fund, investment management and regulatory enforcement fund, judicial collection enhancement fund, juvenile education fund, state lottery fund, state medical examiners board fund, the miners' hospital for disabled miners land fund, motor vehicle pool revolving fund, board of naturopathic physicians examiners fund, nursing board fund, board of nursing care institution administrators licensing and adult care home managers' certification fund, occupational therapy board fund, oil overcharge fund, board of optometry fund, board of osteopathic examiners fund, state parks enhancement fund, permanent tribal-state compact fund, personnel division fund, pesticide fund, board of pharmacy fund, board of physical therapy examiners fund, Arizona protected native plant fund, board of podiatry examiners fund, commission of postsecondary education fund, board of private postsecondary education fund, board of psychologist examiners fund, public access fund, public assistance collections fund, radiologic technologist certification fund, registrar of contractors fund, residential utility consumer office fund, board of respiratory care examiners fund, state retirement system administration account, permanent risk management revolving fund, safety enforcement and transportation infrastructure fund, securities regulatory and enforcement fund, solid waste fee fund, special administration fund, Arizona state hospital fund, structural pest control commission fund, structural pest control commission inspection support fund, teacher certification fund, board of technical registration fund, technology and telecommunications fund, telecommunication fund for the deaf, tobacco tax and health care fund, underground storage tank revolving fund, utility regulation revolving fund, state veterans' conservatorship fund, state home for veterans' trust fund, board of veterinary medical examining fund, victims' rights implementation revolving fund, watercraft licensing fund, water quality assurance revolving fund, water quality fee fund, and workers' compensation fund , COP BUILDING OPERATING AND MAINTENANCE FUND, ADMINISTRATIVE EXPENSES SPECIAL EMPLOYEE HEALTH INSURANCE TRUST FUND, ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATIVE EXPENSES HEALTH CARE GROUP FUND, DOMESTIC VIOLENCE SHELTER FUND, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT AND CHILD CARE BLOCK GRANT FUND, NEWBORN SCREENING PROGRAM FUND, COMMUNITY PUNISHMENT PROGRAM FUND, DEFENSIVE DRIVING FUND AND EQUIPMENT REVOLVING FUND .

The general pay adjustments include personal services and employee related expenditures for state officers and employees in accordance with the department's or agency's compensation plan, except as otherwise provided by this act LAWS 1997, FIRST SPECIAL SESSION, CHAPTER 1 .

For fiscal year 1997-1998, the joint legislative budget committee staff shall determine and the department of administration shall allocate to each agency or department an amount sufficient to increase the annual salary level of each employee by the lesser of $1,000 or two and one-half per cent effective October 1, 1997. The $1,000 limit shall apply to less than full time employees on a prorated basis.

For fiscal year 1997-1998, the joint legislative budget committee staff shall also determine and the department of administration shall allocate to each agency or department an amount projected to equal two and one-half per cent of their total eligible personal services base for the period January 1, 1998 through June 30, 1998 for merit pay adjustments. An individual merit pay adjustment shall not exceed five per cent of an employee's salary.

For fiscal year 1998-1999, the joint legislative budget committee staff shall determine and the department of administration shall allocate to each agency or department an amount to annualize the salary adjustments for fiscal year 1997-1998 . and an amount projected to equal two and one-half per cent of their total eligible personal services base for the period January 1, 1999 through June 30, 1999 for merit pay adjustments. An individual merit pay adjustment shall not exceed five per cent of an employee's salary.

FOR FISCAL YEAR 1998-1999, THE JOINT LEGISLATIVE BUDGET COMMITTEE STAFF SHALL DETERMINE AND THE DEPARTMENT OF ADMINISTRATION SHALL REDUCE AN AMOUNT SUFFICIENT FROM EACH AGENCY OR DEPARTMENT FOR THE MERIT ADJUSTMENT PREVIOUSLY APPROPRIATED FOR FISCAL YEAR 1998-1999.

The joint legislative budget committee staff shall also determine and the department of administration shall allocate adjustments, as necessary, in total expenditure authority to allow implementation of general salary adjustments of comparable amounts. The employees of the Arizona state schools for the deaf and the blind, board and commission members who are paid on a per diem basis and agency heads who are appointed for a fixed term of office are not eligible for general salary adjustments. Employees of the Arizona state schools for the deaf and the blind shall receive salary adjustments pursuant to LAWS 1997, FIRST SPECIAL SESSION, CHAPTER 1, section 36 of this act .

The department of administration shall increase the salary schedule for clerical pool employees by two and one-half per cent effective October 1, 1997, by two and one-half per cent effective January 1, 1998 , and by two and one-half per cent effective January 1, 1999 .

The amounts appropriated for classification salary adjustments shall be for adjustments to the salary levels of positions in certain identified job classifications, inclusive of applicable employee related expenditures, for the periods October 1, 1997 through June 30, 1998 and October 1, 1998 through June 30, 1999, respectively. The joint legislative budget committee staff shall determine and the department of administration shall allocate to each agency or department the appropriate amounts. The joint legislative budget committee staff shall also determine and the department of administration shall allocate adjustments, as necessary, in total expenditure authority to allow implementation of classification salary adjustments of appropriate amounts. On or before July 1, 1997 and February JULY 1, 1998, respectively, the department of administration, the board of regents, the department of public safety, and the administrative office of the courts shall each report its fiscal year 1997-1998 and 1998-1999 recommendations for the job classifications to receive adjustments to the joint legislative budget committee for its review. The recommendations shall include the rationale for these selections, the estimated dollar amount associated with each classification salary adjustment and information concerning the job classifications selected including, but not limited to, turnover in the classification, salaries for comparable positions outside state service, vacancy rates and duration in the classification, and the availability of applicants for vacant positions in the classification.

It is the intent of the legislature that the adjustments be made to job classifications that are critical to the orderly conduct of state operations and that are experiencing substantially above average turnover or have current salary levels that are substantially below comparable positions outside state service.

It is the intent of the legislature that an adjustment be applied to all positions within a single job classification. If the recommendation includes an adjustment that will not be applied to all positions within a single job classification, these agencies shall separately list all of the positions within the job classification, by agency or department, and the rationale for excluding some positions from the adjustment.

On or before November 1, 1997 and November 1, 1998, respectively, these agencies shall report to the staff director of the joint legislative budget committee the suballocation of the adjustment amounts, by program and/or cost center, line item and fund name. Any unallocated balance shall revert to the fund from which it was appropriated on February 1, 1998 and February 1, 1999, respectively, unless the joint legislative budget committee determines additional classification salary adjustments are necessary.

Of the amounts determined by the joint legislative budget committee staff and allocated by the department of administration for fiscal year 1997-1998 for merit pay adjustments, the sum of $4,000,000 is deposited into the faculty teaching incentive program fund of the Arizona board of regents and is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.

The teaching incentive bonuses shall be awarded in January of 1998 to qualifying faculty of each university, based on the tenth week faculty teaching audit during the fall semester of 1997. Bonuses may be incorporated into existing base salaries of qualifying faculty. By June 1 , 1997, the Arizona board of regents shall determine the bonus award methodology based on direct classroom teaching load, other productivity factors and classroom performance, and present its proposed allocation to the director of the joint legislative budget committee staff and the director of the governor's office of management and budget for their review and input prior to its implementation. Faculty members at Arizona universities must teach a minimum of six credit hours per semester in regular classes, and hold the rank of full professor, associate professor or assistant professor to qualify for bonus awards.

The teaching incentive bonuses shall be awarded at a rate between two and five per cent of academic year base salary per semester for qualifying faculty who teach a minimum of six credit hours in regular classes per semester. The board of regents shall design the salary awards based on the above criteria.

At the college of medicine of the university of Arizona, faculty teaching effort in regular classes and clinical training may be counted toward the teaching load requirement needed to qualify for bonuses, with the total amount of all awards not to exceed $250,000 per semester.

Sec. 3. Appropriations; purposes

A. The sum of $100,000 is appropriated in fiscal year 1998-1999 from the state general fund to the special merit award fund established by section 38-613, Arizona Revised Statutes, for the purpose of making merit awards or purchasing recognition materials.

B. The sum of $2,162,900 is appropriated from the state general fund to the department of administration for the purpose of purchasing and installing a comprehensive compensation software package to enable the ongoing data collection, analysis and ad hoc reporting requirements relating to state employee compensation. Notwithstanding section 35-190, Arizona Revised Statutes, the appropriation made in this subsection does not lapse until the purpose for which the appropriation is made is accomplished or abandoned. The department shall report to the joint legislative budget committee and the joint committee on state employee compensation on or before October 31 annually through October 31, 2003 regarding the department's progress in purchasing and installing the software package. Monies appropriated pursuant to this subsection shall not exceed $642,400 in fiscal year 1998-1999, $457,200 in fiscal year 1999-2000, $464,500 in fiscal year 2000-2001, $289,600 in fiscal year 2001-2002 and $309,200 in fiscal year 2002-2003.

C. The following sums are appropriated for the following fiscal years for the purposes specified:

1999-2000 2000-2001 2001-2002 2002-2003

Merit salary adjustments $ 23,400,000 $ 26,000,000 $ 28,600,000 $ 31,200,000

Fund sources:

State general fund $ 18,000,000 $ 20,000,000 $ 22,000,000 $ 24,000,000

Other appropriated funds 5,400,000 6,000,000 6,600,000 7,200,000

Classification salary adjustments $ 59,800,000 $ 57,200,000 $ 54,600,000 $ 52,000,000

Fund sources:

State general fund $ 46,000,000 $ 44,000,000 $ 42,000,000 $ 40,000,000

Other appropriated funds 13,800,000 13,200,000 12,600,000 12,000,000

The other appropriated funds may be allocated from the following funds: abandoned vehicle fund, board of accountancy fund, office of administrative hearings fund, air permits administration fund, air quality fund, antitrust revolving fund, board of appraisal fund, Arizona arts trust fund, state aviation fund, auto theft authority fund, bond fund, board of barber examiners fund, board of behavioral health examiners fund, capital outlay stabilization fund, state charitable, penal and reformatories land fund, child abuse prevention fund, child fatality review team fund, child support enforcement administration fund, board of chiropractic examiners fund, citrus, fruit and vegetable revolving fund, Arizona coliseum and exposition center fund, collection enforcement revolving fund, commerce and economic development commission fund, commercial feed fund, community college certification fund, confidential intermediary fund, consulting and training fund, corrections fund, board of cosmetology fund, criminal justice enhancement fund, county fair racing fund, court appointed special advocate fund, dealer enforcement fund, board of dental examiners fund, board of dispensing opticians fund, drug and gang prevention resource center fund, egg inspection fund, emergency medical services operating fund, emissions inspection fund, environmental special plate fund, estate and unclaimed property fund, fertilizer materials fund, full employment demonstration project fund, board of funeral directors and embalmers fund, game and fish fund, game, non-game, fish and endangered species fund, hazardous waste fund, state highway fund, Arizona highway patrol fund, board of homeopathic medical examiners fund, housing trust fund, industrial commission administrative fund, information technology fund, interagency service agreements fund, investment management and regulatory enforcement fund, judicial collection enhancement fund, juvenile education fund, state lottery fund, state medical examiners board fund, the miners' hospital for disabled miners land fund, motor vehicle pool revolving fund, board of naturopathic physicians examiners fund, nursing board fund, board of nursing care institution administrators licensing and adult care home managers' certification fund, occupational therapy board fund, oil overcharge fund, board of optometry fund, board of osteopathic examiners fund, state parks enhancement fund, permanent tribal-state compact fund, personnel division fund, pesticide fund, board of pharmacy fund, board of physical therapy examiners fund, Arizona protected native plant fund, board of podiatry examiners fund, commission of postsecondary education fund, board of private postsecondary education fund, board of psychologist examiners fund, public access fund, public assistance collections fund, radiologic technologist certification fund, registrar of contractors fund, residential utility consumer office fund, board of respiratory care examiners fund, state retirement system administration account, permanent risk management revolving fund, safety enforcement and transportation infrastructure fund, securities regulatory and enforcement fund, solid waste fee fund, special administration fund, Arizona state hospital fund, structural pest control commission fund, structural pest control commission inspection support fund, teacher certification fund, board of technical registration fund, technology and telecommunications fund, telecommunication fund for the deaf, tobacco tax and health care fund, underground storage tank revolving fund, utility regulation revolving fund, state veterans' conservatorship fund, state home for veterans' trust fund, board of veterinary medical examining fund, victims' rights implementation revolving fund, watercraft licensing fund, water quality assurance revolving fund, water quality fee fund, workers' compensation fund, cop building operating and maintenance fund, administrative expenses special employee health insurance trust fund, Arizona health care cost containment system administrative expenses health care group fund, domestic violence shelter fund, temporary assistance for needy families block grant and child care block grant fund, newborn screening program fund, community punishment program fund, defensive driving fund and equipment revolving fund.

The merit pay adjustments include personal services and employee related expenditures for state officers and employees in accordance with the department's or agency's compensation plan, except as otherwise provided by this act.

The joint legislative budget committee staff shall determine and the department of administration shall allocate to each agency or department an amount on a percentage basis for the period of July 1 through June 30 for merit pay adjustments. The total of these increases shall not exceed $23,400,000 in fiscal year 1999-2000, $26,000,000 in fiscal year 2000-2001, $28,600,000 in fiscal year 2001-2002 and $31,200,000 in fiscal year 2002-2003.

The joint legislative budget committee staff shall also determine and the department of administration shall allocate adjustments, as necessary, in total expenditure authority to allow implementation of merit salary adjustments of comparable amounts. The employees of the Arizona state schools for the deaf and the blind, board and commission members who are paid on a per diem basis and agency heads who are appointed for a fixed term of office are not eligible for merit salary adjustments.

The amounts appropriated for classification salary adjustments shall be for adjustments to the salary levels of positions in certain identified job classifications, inclusive of applicable employee related expenditures, for the period of July 1 through June 30. The joint legislative budget committee staff shall determine and the department of administration shall allocate to each agency or department the appropriate amounts. The joint legislative budget committee staff shall also determine and the department of administration shall allocate adjustments, as necessary, in total expenditure authority to allow implementation of classification salary adjustments of appropriate amounts. To receive adjustments, on or before February 1 annually, the department of administration, the Arizona board of regents, the department of public safety and the administrative office of the courts shall each report its recommendations for the job classifications for the coming fiscal year to the joint legislative budget committee for its review. The recommendations shall include the rationale for these selections, the estimated dollar amount associated with each classification salary adjustment and information concerning the job classifications selected including, but not limited to, turnover in the classification, salaries for comparable positions outside state service, vacancy rates and duration in the classification, and the availability of applicants for vacant positions in the classification.

It is the intent of the legislature that the adjustments be made to job classifications that are critical to the orderly conduct of state operations and that are experiencing substantially above average turnover or that have current salary levels that are substantially below comparable positions outside state service.

It is the intent of the legislature that an adjustment be applied to all positions within a single job classification. If the recommendation includes an adjustment that will not be applied to all positions within a single job classification, these agencies shall separately list all of the positions within the job classification, by agency or department, and the rationale for excluding some positions from the adjustment.

On or before November 1 annually, these agencies shall report to the staff director of the joint legislative budget committee the suballocation of the adjustment amounts, by program or cost center, or both, line item and fund name. Any unallocated balance reverts to the fund from which it was appropriated on February 1 annually, unless the joint legislative budget committee determines additional classification salary adjustments are necessary.

Sec. 4. Delayed repeal

Laws 1997, first special session, chapter 3, section 10, as amended by this act, is repealed from and after December 31, 2003.


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