Legislature(2005 - 2006)
2006-05-01 House Journal
Full Journal pdf2006-05-01 House Journal Page 3464 SB 132 The following was read the second time: SENATE BILL NO. 132(efd fld) "An Act relating to complaints filed with, investigations, hearings, and orders of, and the interest rate on awards of the State Commission for Human Rights; and making conforming amendments." with the: Journal Page STA RPT HCS(STA) 4DP 1AM 1579 FN1: ZERO(GOV) 1580 FN2: ZERO(LAW) 1580 JUD RPT HCS(JUD) NT 6NR 2690 TITLE CHANGE: HCR 36 2690 FN3: ZERO(GOV) 2691 FN4: ZERO(LAW) 2691 FIN RPT HCS(FIN) 1DP 5NR 1AM 3253 FN3: ZERO(GOV) 3253 FN4: ZERO(LAW) 3253 2006-05-01 House Journal Page 3465 Representative Coghill moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 132(FIN) (same title) Representative Gara objected and withdrew the objection. There being no further objection, HCS SB 132(FIN) was adopted. Amendment No. 1 was offered by Representative McGuire: Page 7, following line 4: Insert a new bill section to read: "* Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to read: REPORT. (a) The State Commission for Human Rights shall prepare a report of inquiries made to the commission after 180 days, but before one year, after the alleged discriminatory practice under AS 18.80 occurred or, for a continuing discriminatory practice, after 180 days, but before one year, after the alleged discriminatory practice stopped. (b) The report required in (a) of this section (1) shall be included with the annual report provided in 2007 and 2008 under AS 18.80.150; and (2) shall (A) contain information for the period from the effective date of this section through December 31, 2007; (B) provide statistical data on the following: (i) the type of the discriminatory practice; (ii) the basis of the inquiry; (iii) action taken on the inquiry. (c) In this section, "commission" means the State Commission for Human Rights created in AS 18.80.010." Renumber the following bill section accordingly. Representative McGuire moved and asked unanimous consent that Amendment No. 1 be adopted. 2006-05-01 House Journal Page 3466 Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Gara: Page 1, line 2 (title amendment): Delete "and" Insert "providing for attorney fees and costs in cases involving human rights violations;" Page 1, line 3, following "amendments" (title amendment): Insert "; and amending Rule 82, Alaska Rules of Civil Procedure" Page 6, following line 12: Insert a new bill section to read: "* Sec. 11. AS 18.80 is amended by adding a new section to article 2 to read: Sec. 18.80.147. Attorney fees and costs. (a) In an action brought by a person under AS 22.10.020(i), a prevailing plaintiff shall be awarded costs as provided by court rule and full reasonable attorney fees at the prevailing reasonable rate. (b) Unless the action is found to be frivolous, in an action brought by a person under AS 22.10.020(i), a prevailing defendant shall be awarded attorney fees and costs as provided by court rule. If the action is found to be frivolous, the attorney fees to be awarded to the defendant shall be full reasonable attorney fees at the prevailing reasonable rate. (c) In this section, "frivolous" means (1) not reasonably based on evidence or on existing law or a reasonable extension, modification, or reversal of existing law; or (2) brought to harass the defendant or to cause unnecessary delay or needless expense." Renumber the following bill sections accordingly. Page 6, following line 31: Insert a new bill section to read: "* Sec. 15. The uncodified law of the State of Alaska is amended by 2006-05-01 House Journal Page 3467 adding a new section to read: INDIRECT COURT RULE AMENDMENT. The provisions of sec. 11 of this Act have the effect of changing Rule 82, Alaska Rules of Civil Procedure, by requiring the award of full reasonable attorney fees in certain cases." Renumber the following bill sections accordingly. Page 7, line 4: Delete "secs. 1 - 13" Insert "secs. 1 - 14" Representative Gara moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS SB 132(FIN) am H Second Reading Amendment No. 2 YEAS: 16 NAYS: 21 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Cissna, Crawford, Croft, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, Kott, Moses, Salmon, Seaton, Weyhrauch Nays: Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto, Harris, Hawker, Kohring, LeDoux, Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg, Samuels, Stoltze, Thomas, Wilson Excused: Ramras Absent: Holm, Kelly And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Gara: 2006-05-01 House Journal Page 3468 Page 1, line 2 (title amendment): Delete "and" Insert "providing for attorney fees and costs in cases involving human rights violations;" Page 1, line 3, following "amendments" (title amendment): Insert "; and amending Rule 82, Alaska Rules of Civil Procedure" Page 6, following line 12: Insert a new bill section to read: "* Sec. 11. AS 18.80 is amended by adding a new section to article 2 to read: Sec. 18.80.147. Attorney fees and costs. (a) In an action brought by a person under AS 22.10.020(i), a prevailing plaintiff shall be awarded costs as provided by court rule and full reasonable attorney fees at the prevailing reasonable rate if, on a form provided by the court, the plaintiff certifies under oath that the plaintiff will not collect, in settlement or upon judgment, compensatory damages in excess of $75,000, exclusive of attorney fees, costs, or pre-judgment or post-judgment interest. Otherwise, a prevailing plaintiff shall be awarded attorney fees and costs as provided by court rule. (b) Unless the action is found to be frivolous, in an action brought by a person under AS 22.10.020(i), a prevailing defendant shall be awarded attorney fees and costs as provided by court rule. If the action is found to be frivolous, the attorney fees to be awarded to the defendant shall be full reasonable attorney fees at the prevailing reasonable rate. (c) In this section, "frivolous" means (1) not reasonably based on evidence or on existing law or a reasonable extension, modification, or reversal of existing law; or (2) brought to harass the defendant or to cause unnecessary delay or needless expense." Renumber the following bill sections accordingly. Page 6, following line 31: Insert a new bill section to read: 2006-05-01 House Journal Page 3469 "* Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to read: INDIRECT COURT RULE AMENDMENT. The provisions of sec. 11 of this Act have the effect of changing Rule 82, Alaska Rules of Civil Procedure, by requiring the award of full reasonable attorney fees in certain cases." Renumber the following bill sections accordingly. Page 7, line 4: Delete "secs. 1 - 13" Insert "secs. 1 - 14" Representative Gara moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS SB 132(FIN) am H Second Reading Amendment No. 3 YEAS: 13 NAYS: 23 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Crawford, Croft, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, LeDoux, Moses, Salmon Nays: Anderson, Chenault, Coghill, Dahlstrom, Elkins, Foster, Gatto, Harris, Hawker, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg, Samuels, Stoltze, Thomas, Weyhrauch, Wilson Excused: Ramras Absent: Cissna, Kelly, Seaton And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Gara: 2006-05-01 House Journal Page 3470 Page 2, following line 6: Insert a new subsection to read: "(c) A complaint may be filed not later than one year after the alleged discriminatory practice occurred or, for a continuing discriminatory practice, not later than one year after the alleged discriminatory practice stopped." Representative Gara moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Anderson objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS SB 132(FIN) am H Second Reading Amendment No. 4 YEAS: 13 NAYS: 21 EXCUSED: 1 ABSENT: 5 Yeas: Crawford, Croft, Gara, Gardner, Gruenberg, Guttenberg, Joule, Kapsner, Kerttula, LeDoux, Moses, Salmon, Weyhrauch Nays: Anderson, Coghill, Dahlstrom, Elkins, Foster, Harris, Hawker, Holm, Kohring, Kott, Lynn, McGuire, Meyer, Neuman, Olson, Rokeberg, Samuels, Seaton, Stoltze, Thomas, Wilson Excused: Ramras Absent: Berkowitz, Chenault, Cissna, Gatto, Kelly And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Kerttula: Page 3, line 4: Delete "wants" Insert "has notified the commission of the intent" Representative Kerttula moved and asked unanimous consent that Amendment No. 5 be adopted. 2006-05-01 House Journal Page 3471 There was objection. Amendment to Amendment No. 5 was offered by Representatives Gruenberg and Kerttula: Following "notified": Insert "in writing" Representative Kerttula moved and asked unanimous consent that Amendment to Amendment No. 5 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment to Amendment No. 5 was adopted. The objection was withdrawn. There being no further objection, Amendment No. 5 as amended was adopted. Representative Coghill moved and asked unanimous consent that HCS SB 132(FIN) am H be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HCS SB 132(FIN) am H will advance to third reading on tomorrow's calendar.