Legislature(2005 - 2006)
2005-04-20 House Journal
Full Journal pdf2005-04-20 House Journal Page 1169 SB 105 The following was read the second time: 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." with the: Journal Page JUD RPT 3DP 4NR 984 FN1: ZERO(LAW) 984 FN2: ZERO(LWF) 984 Amendment No. 1 was offered by Representative Berkowitz: Page 1, following line 8: Insert a new bill section to read: "* Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to read: SOVEREIGN IMMUNITY WAIVED FOR DETRIMENTAL RELIANCE ON STATE ACTION. To the extent that a person has detrimentally relied on state action in regard to a matter affected by this Act, the state waives its sovereign immunity." Renumber the following bill sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kelly objected. Representatives Samuels, Kelly, and Kapsner moved and asked unanimous consent that they be allowed to abstain from voting because of a conflict of interest. Objection was heard, and the members were required to vote. 2005-04-20 House Journal Page 1170 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 105(L&C) Second Reading Amendment No. 1 YEAS: 10 NAYS: 27 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Guttenberg, Kerttula, Moses, Salmon, Weyhrauch Nays: Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gardner, Gatto, Gruenberg, Hawker, Joule, Kapsner, Kelly, Kott, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Ramras, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Harris Absent: Holm, Kohring And so, Amendment No. 1 was not adopted. Representative Foster moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Anderson - from 3:15 p.m., today to 8:30 a.m., April 21, 2005 Representative McGuire - from 3:15 p.m., today to 8:30 a.m., April 21, 2005 Amendment No. 2 was offered by Representative Berkowitz: "CONTINGENT EFFECT: This bill takes effect only if the Twenty-Fourth Alaska State Legislature during its First Regular Session increases the base student allocation under AS 14.17.470 to at least $4,919." Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. 2005-04-20 House Journal Page 1171 Representative Rokeberg objected and rose to a point of order stating that the amendment was out of order under Rule 35 of the Uniform Rules and Section 402 of Mason's Manual. Representative Gruenberg cited Section 90.1 and 90.2 of Mason's Manual. **Representatives Anderson and McGuire, who were previously excused (page 1170), left the Chamber. Representative Berkowitz moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that CSSB 105(L&C) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSSB 105(L&C) will advance to third reading on tomorrow's calendar.