00CS FOR SENATE BILL NO. 193(L&C)                                                                                       
01 "An Act relating to the payment of wages and claims for the payment of wages."                                          
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 22.15.040(a) is amended to read:                                                                  
04   (a)  Except as otherwise provided in this subsection, when  [WHEN] a claim                                         
05 for relief does not exceed $7,500, exclusive of costs, interest, and attorney fees, and                                 
06 request is so made, the district judge or magistrate shall hear the action as a small                                   
07 claim unless important or unusual points of law are involved or the state is a                                          
08 defendant.   The Department of Labor and Workforce Development may bring an                                            
09 action as a small claim under this subsection for the payment of wages under                                            
10 AS 23.05.220 in an amount not to exceed $20,000, exclusive of costs, interest,                                          
11 penalties, and attorney fees.   The supreme court shall prescribe the procedural rules                                 
12 and standard forms to assure simplicity and the expeditious handling of small claims.                                   
13    * Sec. 2.  AS 22.15.120(a) is amended to read:                                                                     
14  (a)  A magistrate shall preside only in cases and proceedings under                                                   

01 AS 22.15.040, 22.15.100, and 22.15.110, and as follows:                                                                 
02   (1)  for the recovery of money or damages only when the amount                                                       
03 claimed, exclusive of costs, interest, and attorney fees, does not exceed $7,500;                                       
04   (2)  for the recovery of specific personal property when the value of the                                            
05 property claimed and the damages for the detention do not exceed $7,500;                                                
06   (3)  for the recovery of a penalty or forfeiture, whether given by statute                                           
07 or arising out of contract, not exceeding $7,500;                                                                       
08   (4)  to give judgment without action upon the confession of the                                                      
09 defendant for any of the cases specified in this section, except for a penalty or                                       
10 forfeiture imposed by statute;                                                                                          
11   (5)  to give judgment of conviction upon a plea of guilty or no contest                                              
12 by the defendant in a criminal proceeding within the jurisdiction of the district court;                                
13   (6)  to hear, try, and enter judgments in all cases involving                                                        
14 misdemeanors that are not minor offenses if the defendant consents in writing that the                                  
15 magistrate may try the case;                                                                                            
16   (7)  to hear, try, and enter judgments in all cases involving minor                                                  
17 offenses and violations of ordinances of political subdivisions;                                                        
18   (8)  for the extradition of fugitives as authorized under AS 12.70;                                                  
19   (9)  to provide post-conviction relief under the Alaska Rules of Criminal                                            
20 Procedure for any of the cases specified in (5), (6), or (7) of this subsection if the                                  
21 conviction occurred in the district court ; or                                                                        
22   (10)  to hear, try, and enter judgments in actions for the payment                                                  
23 of wages brought by the Department of Labor and Workforce Development as                                                
24 provided in AS 22.15.040(a)  [REPEALED].                                                                               
25    * Sec. 3.  AS 23.05.140 is amended by adding a new subsection to read:                                             
26   (e)  In an action brought by the department under this section, an employer                                          
27 found liable for failing to pay wages withing three working days of termination shall                                   
28 be required to pay the penalty set out in (d) of this section.  The amount of the penalty                               
29 shall be calculated based on the employee's straight time rate of pay for an eight-hour                                 
30 day.                                                                                                                    
31    * Sec. 4.  AS 23.05.220(c) is amended to read:                                                                     

01   (c)  The department may not accept an assignment of a claim in excess of the                                         
02 amount set out in AS 22.15.040 as the maximum amount, exclusive of costs, interest,                                     
03 and attorney fees, for the jurisdiction of the district court to hear an action  for the                               
04 payment of wages  as a small claim.