Legislature(2009 - 2010)

2009-04-19 House Journal

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2009-04-19                     House Journal                      Page 1135
SB 1                                                                                                                          
The following, which was advanced to third reading from the April 18,                                                           
2009, calendar (page 1092), was read the third time:                                                                            
                                                                                                                                
    CS FOR SENATE BILL NO. 1(FIN)                                                                                               
    "An Act increasing the minimum hourly wage; and providing for                                                               
    an effective date."                                                                                                         
                                                                                                                                
Representative Petersen moved and asked unanimous consent that                                                                  
CSSB 1(FIN) be returned to second reading for the specific purpose of                                                           
considering Amendment No. 1.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 1 was offered  by Representatives Petersen and                                                                     
Gardner:                                                                                                                        
                                                                                                                                
Page 1, lines 3 - 13:                                                                                                           
    Delete all material and insert:                                                                                             
"* Section 1. AS 23.10.065(a) is amended to read:                                                                             
         (a)  Except as provided under (b) of this section and as                                                               
    otherwise provided for in law, for work performed on or after                                                               
    January 1, 2010 [2003], an employer shall pay to each employee                                                          
    wages at a rate of not less than the wage established in this                                                           
    subsection [$7.15 AN HOUR] for hours worked in a pay period,                                                            
    whether the work is measured by time, piece, commission, or                                                                 
    otherwise. An employer may not apply tips or gratuities bestowed                                                            
    upon employees as a credit toward payment of the minimum                                                                    
    hourly wage required by this section. Tip credit as defined by the                                                          
    Fair Labor Standards Act of 1938 as amended does not apply to                                                               

2009-04-19                     House Journal                      Page 1136
    the minimum wage established by this section. The minimum                                                               
    hourly wage under this subsection is $7.85 an hour for work                                                             
    performed on or after January 1, 2010; however, for work                                                                
    performed in years after December 31, 2010, the minimum                                                                 
    hourly wage under this subsection is the greater of                                                                     
             (1)  $1 more an hour than the federal minimum wage;                                                            
    or                                                                                                                      
             (2)  $8.60 an hour for work performed on or after                                                              
    January 1, 2011, and $9.45 an hour for work performed on or                                                             
    after January 1, 2012; thereafter, the department shall, by                                                             
    regulation, not later than September 30 of each calendar year,                                                          
    adjust the minimum hourly wage established in this                                                                      
    paragraph for inflation effective for the following calendar                                                            
    year; the adjusted minimum hourly wage shall be the most                                                                
    recent wage under this paragraph adjusted for 100 percent of                                                            
    the rate of inflation based on the Consumer Price Index for all                                                         
    urban consumers for the Anchorage metropolitan area,                                                                    
    compiled by the Bureau of Labor Statistics, United States                                                               
    Department of Labor; the department shall round the                                                                     
    adjusted minimum hourly wage up to the nearest one cent; the                                                            
    adjusted minimum hourly wage shall apply to work                                                                        
    performed beginning on January 1 through December 31 of                                                                 
    the year for which it is effective, and the first adjustment takes                                                      
    effect January 1, 2013.                                                                                                 
                                                                                                                                
   * Sec. 2. This Act takes effect January 1, 2010."                                                                          
                                                                                                                                
Representative Petersen moved and asked unanimous consent that                                                                  
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Olson objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 1(FIN)                                                                                                                     
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  17   NAYS:  23   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                

2009-04-19                     House Journal                      Page 1137
Yeas:  Austerman, Buch, Cissna, Crawford, Doogan, Gara, Gardner,                                                                
Gruenberg, Guttenberg, Herron, Holmes, Kawasaki, Kerttula, Lynn,                                                                
Petersen, Salmon, Tuck                                                                                                          
                                                                                                                                
Nays:  Chenault, Coghill, Dahlstrom, Edgmon, Fairclough, Foster,                                                                
Gatto, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly,                                                                 
Millett, Munoz, Neuman, Olson, Ramras, Seaton, Stoltze, Thomas,                                                                 
Wilson                                                                                                                          
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Representative Tuck moved and asked unanimous consent that CSSB                                                                 
1(FIN) be returned to second reading for the specific purpose of                                                                
considering Amendment No. 2.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representatives Tuck and Gardner:                                                                
                                                                                                                                
Page 1, line 7:                                                                                                                 
    Delete "and thereafter"                                                                                                     
                                                                                                                                
Page 1, line 8, following "wage":                                                                                               
    Insert "for the calendar year beginning January 1, 2010, and not                                                            
less than $1.10 an hour more than the federal minimum wage after                                                                
December 31, 2010"                                                                                                              
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Olson objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 1(FIN)                                                                                                                     
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  21   EXCUSED:  0   ABSENT:  3                                                                              
                                                                                                                                
Yeas:  Buch, Cissna, Crawford, Doogan, Gara, Gardner, Gruenberg,                                                                
Guttenberg, Herron, Holmes, Kawasaki, Kerttula, Lynn, Petersen,                                                                 
Salmon, Tuck                                                                                                                    
                                                                                                                                

2009-04-19                     House Journal                      Page 1138
Nays:  Austerman, Chenault, Coghill, Dahlstrom, Edgmon, Foster,                                                                 
Gatto, Harris, Hawker, Johansen, Johnson, Joule, Keller, Kelly,                                                                 
Neuman, Olson, Ramras, Seaton, Stoltze, Thomas, Wilson                                                                          
                                                                                                                                
Absent:  Fairclough, Millett, Munoz                                                                                             
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
CSSB 1(FIN) was automatically in third reading.                                                                                 
                                                                                                                                
                                                                                                                                
Representatives Ramras and Gara 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.                                                                                                               
                                                                                                                                
                                                                                                                                
The question being:  "Shall CSSB 1(FIN) pass the House?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSSB 1(FIN)                                                                                                                     
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  35   NAYS:  5   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Austerman, Chenault, Cissna, Coghill, Dahlstrom, Edgmon,                                                                 
Fairclough, Foster, Gara, Gatto, Gruenberg, Guttenberg, Harris,                                                                 
Hawker, Herron, Holmes, Johansen, Johnson, Joule, Kawasaki, Keller,                                                             
Kelly, Lynn, Millett, Munoz, Neuman, Olson, Petersen, Ramras,                                                                   
Salmon, Seaton, Stoltze, Thomas, Tuck, Wilson                                                                                   
                                                                                                                                
Nays:  Buch, Crawford, Doogan, Gardner, Kerttula                                                                                
                                                                                                                                
And so, CSSB 1(FIN) passed the House.                                                                                           
                                                                                                                                
Representative Johansen 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.  There being no objection, it was so ordered.                                                            
                                                                                                                                
CSSB 1(FIN) was signed by the Speaker and Chief Clerk, and                                                                      
returned to the Senate.