Legislature(1993 - 1994)

1994-05-09 Senate Journal

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1994-05-09                     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.