2005-04-19                     House Journal                      Page 1144
HB 182                                                                                            
The following, which was advanced to third reading from the April 18,                               
2005, calendar (page 1112), was read the third time:                                                
                                                                                                    
     CS FOR HOUSE BILL NO. 182(FIN)                                                                 
     "An Act amending the Alaska Wage and Hour Act as it relates to                                 
     the employment of a person acting in a supervisory capacity or in                              
     an administrative, executive, or professional capacity; relating to                            
     definitions under the Alaska Wage and Hour Act and providing                                   
     definitions for persons employed in administrative, executive, and                             
     professional capacities, for persons working in the capacity of an                             
     outside salesman, for persons working in the capacity of a                                     
     salesman employed on a straight commission basis, and for                                      
     persons that perform computer-related occupations; directing                                   
     retrospective application of the provisions of this Act to work                                
     performed before the effective date of this Act for purposes of                                
     claims filed on or after the effective date of this Act, and                                   
     disallowing retrospective application for purposes of claims for                               
     that work that are filed before the effective date of this Act; and                            
     providing for an effective date."                                                              
                                                                                                    
Representative Gara moved and asked unanimous consent that he be                                    
allowed to abstain from voting because of a conflict of interest.                                   
Objection was heard, and Representative Gara was required to vote.                                  
                                                                                                    
Representative Gardner moved and asked unanimous consent that                                       
CSHB 182(FIN) be returned to second reading for the specific purpose                                
of considering Amendment No. 2.                                                                     
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Gardner moved and asked unanimous consent to                                         
withdraw the motion.  There being no objection, it was so ordered.                                  
                                                                                                    
Representative Rokeberg placed a call of the House.                                                 
                                                                                                    
The call was satisfied.                                                                             
                                                                                                    

2005-04-19                     House Journal                      Page 1145
The question being:  "Shall CSHB 182(FIN) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 182(FIN)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  27   NAYS:  12   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Elkins, Foster, Gardner, Gatto,                                 
Hawker, Holm, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire,                                          
Meyer, Moses, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton,                                     
Stoltze, Thomas, Weyhrauch, Wilson                                                                  
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara,                                         
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Salmon                                             
                                                                                                    
Excused:  Harris                                                                                    
                                                                                                    
And so, CSHB 182(FIN) passed the House.                                                             
                                                                                                    
Representative Foster moved and asked unanimous consent that the                                    
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.                                                                              
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The question being:  "Shall the effective date clause be adopted?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
CSHB 182(FIN)                                                                                       
Third Reading                                                                                       
Effective Date                                                                                      
                                                                                                    
YEAS:  25   NAYS:  13   EXCUSED:  1   ABSENT:  1                                                  
                                                                                                    
Yeas:  Anderson, Chenault, Coghill, Elkins, Foster, Gatto, Hawker,                                  
Holm, Kelly, Kohring, Kott, LeDoux, Lynn, McGuire, Meyer, Moses,                                    
Neuman, Olson, Ramras, Rokeberg, Samuels, Stoltze, Thomas,                                          
Weyhrauch, Wilson                                                                                   
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Dahlstrom, Gara, Gardner,                                
Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Salmon                                             
                                                                                                    
Excused:  Harris                                                                                    
                                                                                                    

2005-04-19                     House Journal                      Page 1146
Absent:  Seaton                                                                                     
                                                                                                    
And so, lacking the necessary 27 votes, the effective date clause was                               
not adopted and the new title follows:                                                              
                                                                                                    
     CS FOR HOUSE BILL NO. 182(FIN)(efd fld)                                                        
     "An Act amending the Alaska Wage and Hour Act as it relates to                                 
     the employment of a person acting in a supervisory capacity or in                              
     an administrative, executive, or professional capacity; relating to                            
     definitions under the Alaska Wage and Hour Act and providing                                   
     definitions for persons employed in administrative, executive, and                             
     professional capacities, for persons working in the capacity of an                             
     outside salesman, for persons working in the capacity of a                                     
     salesman employed on a straight commission basis, and for                                      
     persons that perform computer-related occupations; directing                                   
     retrospective application of the provisions of this Act to work                                
     performed before the effective date of this Act for purposes of                                
     claims filed on or after the effective date of this Act, and                                   
     disallowing retrospective application for purposes of claims for                               
     that work that are filed before the effective date of this Act."                               
                                                                                                    
CSHB 182(FIN)(efd fld) was referred to the Chief Clerk for                                          
engrossment.