Legislature(2005 - 2006)CAPITOL 120

04/11/2005 01:00 PM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 246 REQUIRE OPT-IN FOR CLASS ACTIONS TELECONFERENCED
<Bill Hearing Postponed to 4/12>
= HB 14 DISCLOSURES BY FOSTER PARENTS
Heard & Held
* HB 257 STATE PROCUREMENT ELECTRONIC TOOLS
<Bill Hearing Rescheduled to 4/13>
+ HJR 9 URGE CONGRESS HONOR EXXON VALDEZ JUDGMENT TELECONFERENCED
Moved Out of Committee
+= HB 150 LICENSING RADIOLOGIC TECHNICIANS TELECONFERENCED
Heard & Held
HB 53 CHILDREN IN NEED OF AID/REVIEW PANELS
<Bill Hearing Rescheduled to 4/12>
Bills Previously Heard/Scheduled
+= HB 12 TVS AND MONITORS IN MOTOR VEHICLES TELECONFERENCED
Moved CSHB 12(JUD) Out of Committee
+= SB 105 OVERTIME WAGES FOR FLIGHT CREW TELECONFERENCED
Moved CSSB 105(L&C) Out of Committee
+= HB 96 CRIMES INVOLVING MARIJUANA/OTHER DRUGS TELECONFERENCED
Scheduled But Not Heard
SB 105 - OVERTIME WAGES FOR FLIGHT CREW                                                                                       
                                                                                                                                
1:51:48 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that  the next of  business would  be CS                                                               
FOR  SENATE   BILL  NO.  105(L&C),   "An  Act  relating   to  the                                                               
retrospective  application  and  applicability  of  the  overtime                                                               
compensation  exemption for  flight crew  members; and  providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
The committee took an at-ease from 1:52 p.m. to 1:55 p.m.                                                                       
                                                                                                                                
1:55:01 PM                                                                                                                    
                                                                                                                                
BRIAN  HOVE,  Staff  to  Senator   Ralph  Seekins,  Alaska  State                                                               
Legislature, sponsor,  stated on  behalf of Senator  Seekins that                                                               
he was available to answer questions regarding SB 105.                                                                          
                                                                                                                                
1:55:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA referred to  testimony during the bill's last                                                               
hearing  regarding  memoranda  from  the  1980s,  and  questioned                                                               
whether they made it clear  that Hageland Aviation Services, Inc.                                                               
("Hageland  Aviation   Services"),  was   not  required   to  pay                                                               
overtime.                                                                                                                       
                                                                                                                                
GREY  MITCHELL,  Director,  Central  Office,  Division  of  Labor                                                               
Standards &  Safety, Department of Labor  & Workforce Development                                                               
(DLWD),  replied  that the  1980  and  1984 memos  were  attorney                                                               
general's  opinions, which  were used  as the  basis of  the DLWD                                                               
interpretation.   He  noted  that  the 1986  memo  is an  opinion                                                               
letter that  was written to  the Alaska Air  Carriers Association                                                               
(AACA)  from  the  deputy  director  of  the  Division  of  Labor                                                               
Standards and  Safety.   Mr. Mitchell  continued:   "This opinion                                                               
letter is written  in such a way  that it appears to  be making a                                                               
policy  type  of  decision  that   conflicts  with  the  attorney                                                               
general's [opinions].  I think that  kind of sums up the conflict                                                               
between these opinions."                                                                                                        
                                                                                                                                
REPRESENTATIVE GARA  asked whether  the 1986 memo  proclaims that                                                               
if  there  is substantial  hauling  of  mail, then  the  overtime                                                               
provisions do not apply.                                                                                                        
                                                                                                                                
MR. MITCHELL said that was correct.                                                                                             
                                                                                                                                
REPRESENTATIVE GARA  asked if Hageland Aviation  Services engaged                                                               
in substantial mail hauling.                                                                                                    
                                                                                                                                
MR. MITCHELL  said he understood that  Hageland Aviation Services                                                               
did haul mail, but did not know to what degree.                                                                                 
                                                                                                                                
1:58:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARA  asked  how  the  aforementioned  1986  memo                                                               
seemingly conflicted with the Department of Law memos.                                                                          
                                                                                                                                
MR.  MITCHELL  said:    "The  1986  memo  essentially  takes  the                                                               
position  of  establishing  the federal  guideline  for  overtime                                                               
eligibility of  employees of air  carriers.  That's a  pretty big                                                               
step for  an opinion letter,  without any regulation  or attorney                                                               
general's opinion to fall back on."                                                                                             
                                                                                                                                
REPRESENTATIVE  KOTT  moved  to   report  CSSB  105(L&C)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  105(L&C)  was                                                               
reported from the House Judiciary Standing Committee.                                                                           
                                                                                                                                

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