Legislature(1993 - 1994)
1994-05-09 Senate Journal
Full Journal pdf1994-05-09 Senate Journal Page 4567 HB 459 SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) was before the Senate in third reading on reconsideration. Senator Donley moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 1. Without objection, it was so ordered. Senators Donley, Taylor offered Amendment No. 1 : Page 2, line 12, after "shows" Insert ", by positive and compelling proof," Senator Donley moved for the adoption of Amendment No. 1. Senator Kelly objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SCS CSHB 459(JUD) Second Reading Amendment No. 1 YEAS: 11 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Kerttula, Leman, Lincoln, Little, Phillips, Salo, Taylor, Zharoff Nays: Adams, Frank, Halford, Jacko, Kelly, Miller, Pearce, Rieger, Sharp Lincoln changed from "Nay" to "Yea". and so, Amendment No. 1 was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S was automatically in third reading. 1994-05-09 Senate Journal Page 4568 HB 459 Senator Donley moved and asked unanimous consent that the bill be returned to second reading for the purpose of a specific amendment, that being Amendment No. 2. Senator Adams objected. The question being: "Shall the bill be returned to second reading for the purpose of a specific amendment?" The roll was taken with the following result: SCS CSHB 459(JUD) Return to Second for Specific Amendment YEAS: 14 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Frank, Halford, Kerttula, Lincoln, Little, Miller, Pearce, Phillips, Salo, Zharoff Nays: Jacko, Kelly, Leman, Rieger, Sharp, Taylor and so, the bill was returned to second reading. Senator Donley offered Amendment No. 2 : Page 1, line 13: Delete "prevailing party [PLAINTIFF]" Insert "plaintiff" Page 2, lines 1 - 2: Delete "paid by either party. The court shall award full reasonable attorney fees to the prevailing party." Insert "paid by the defendant" Page 2, line 4: Delete "PAID BY THE DEFENDANT." Senator Donley moved for the adoption of Amendment No. 2. Objections were heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1994-05-09 Senate Journal Page 4569 HB 459 SCS CSHB 459(JUD) Second Reading Amendment No. 2 YEAS: 9 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff Nays: Adams, Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor and so, Amendment No. 2 failed. SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S was automatically in third reading. The question to be reconsidered: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S "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; and amending Alaska Rule of Civil Procedure 82" pass the Senate?" The roll was taken with the following result: SCS CSHB 459(JUD) am S Third Reading - On Reconsideration Court Rule YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Frank, Halford, Kelly, Leman, Miller, Pearce, Rieger, Sharp, Taylor Nays: Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Phillips, Salo, Zharoff and so, SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S failed. 1994-05-09 Senate Journal Page 4570 HB 459 SENATE CS FOR CS FOR HOUSE BILL NO. 459(JUD) am S(fld S) was returned to the House for permanent filing.