Legislature(1993 - 1994)
1994-03-29 House Journal
Full Journal pdf1994-03-29 House Journal Page 3051 HB 459 The following was read the second time: HOUSE BILL NO. 459 "An Act relating to liquidated damages and attorney fees for minimum wage and overtime compensation claims." 1994-03-29 House Journal Page 3052 HB 459 with the: Journal Page L&C RPT 2DP 4NR 2495 -ZERO FISCAL NOTE (LABOR) 2/23/94 2496 STA RPT CS(STA) 3DP 3NR 2719 -ZERO FISCAL NOTE (LAW) 3/11/94 2719 -PREVIOUS ZERO FISCAL NOTE (LABOR) 2/23 2719 JUD RPT CS(JUD) NEW TITLE 4DP 2DNP 1NR 2968 -PREVIOUS ZERO FN (LAW) 3/11/94 2969 -PREVIOUS ZERO FISCAL NOTE (LABOR) 2/23 2969 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 459(JUD) "An Act relating to minimum wage and overtime compensation claims." There being no objection, it was so ordered. Title Amendment No. 1 was offered by Representative Mulder: Page 1, line 1, after "to": Insert "settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for" Representative Mulder moved and asked unanimous consent that Title Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title appears below: "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims." 1994-03-29 House Journal Page 3053 HB 459 Representative Parnell moved and asked unanimous consent that he be allowed to abstain from voting due to a possible conflict of interest. Objection was heard, and Representative Parnell was required to vote. Amendment No. 2 was offered by Representative Mulder: Page 3, line 13: Delete "before, on, or after" Insert "on or after" Page 3, line 14: Delete "that have not resulted in the entry of a final judgment before the effective date of this Act" Representative Mulder moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Nordlund: Page 2, line 27: Delete "A waiver may not be considered to be" Insert "Whether a waiver is knowing and voluntary depends on all of the circumstances. However, a waiver is not" Representative Nordlund moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 459(JUD) am Second Reading Amendment No. 3 YEAS: 16 NAYS: 22 EXCUSED: 0 ABSENT: 2 1994-03-29 House Journal Page 3054 HB 459 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Absent: Hoffman, Moses And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Finkelstein: Page 1, line 10: Delete "prevailing party [PLAINTIFF]" Insert "plaintiff" Representative Finkelstein moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 459(JUD) am Second Reading Amendment No. 4 YEAS: 15 NAYS: 21 EXCUSED: 0 ABSENT: 4 Yeas: Brice, Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Larson, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis 1994-03-29 House Journal Page 3055 HB 459 Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Mackie, MacLean, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Absent: Carney, Martin, Moses, Nicholia And so, Amendment No. 4 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 459(JUD) am be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that CSHB 459(JUD) am will be in third reading on the March 30, 1994, calendar.