Legislature(1999 - 2000)
04/12/2000 01:55 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 193 - COLLECTION OF UNPAID WAGES Number 0045 CHAIRMAN KOTT announced that the first order of business would be CS FOR SENATE BILL NO. 193(FIN), "An Act relating to the payment of wages and claims for the payment of wages." He informed members that there was a proposed committee substitute (CS), Version K, [1-LS1263\K, Cramer, 4/07/00], which incorporates [the amendment adopted at the previous hearing]. It also will require a companion resolution, to his belief, because the title has been changed by including Rule 82 [Alaska Rules of Civil Procedure] and Rule 508 [Alaska Rules of Appellate Procedure]. The major change occurs on page 3, Section 7, through the end of the bill; that resulted from the amendment offered by Representative Croft and passed by the committee. Chairman Kott asked Representative Croft if he had looked over that language to be sure everything desired had been captured. Number 0140 REPRESENTATIVE CROFT answered yes, but the committee may have captured it too fully and completely. In talking to the sponsor, the sponsor's representative and the Department of Labor [& Workforce Development], he still feels that the discussion needs some closure. This isn't completely solving the problem that people have when they have unpaid wage claims and are having trouble either getting real relief or getting the department to pursue the claims; this [Version K] gives some direction in allowing small claims. As discussed, either this will require more departmental time and employee effort, or else some way to do this must be enabled. REPRESENTATIVE CROFT said it is getting late [in the session], and this makes a partial attempt in an area of law that should be looked at more fully. In completely taking over the attorney fee provisions from overtime and minimum wage, the bill brought in areas that are objectionable to the business community and possibly the "clear and convincing" standard. If there were more time, the committee might be able to get an attorney fee provision that is moderate enough to at least be acceptable to the business community without seriously delaying the bill. However, he would be willing to move out the [Senate] Finance Committee version instead of Version K, so that the issue of how unpaid workers get attorney fees can continue to be discussed next year. Number 0282 CHAIRMAN KOTT asked whether Representative Croft would want this bill referred to him as a subcommittee chair in order to work on the issues. REPRESENTATIVE CROFT answered thank you, but no. Although [Version K] makes an incremental change that helps a little, he believes there is a bigger issue to worry about. However, he doesn't want to kill "the little" to advance the greater, particularly because of how late it is getting in the session. CHAIRMAN KOTT asked whether the sponsor's preference is to pass out Version I [CSSB 193(FIN)]. KRIS KNAUSS, Staff to Senator Drue Pearce, Alaska State Legislature, answered yes. Number 0343 REPRESENTATIVE CROFT made a motion to adopt Version I [CSSB 193(FIN)]. CHAIRMAN KOTT, hearing no objection, announced that [CSSB 193(FIN)] was before the committee. He asked Mr. Knauss whether he wished to add any closing remarks. Number 0386 MR. KNAUSS commented that the sponsor [Senator Pearce] has indicated that Representative Croft's intentions are well noted, but does not agree with the proposed CS [Version K]; she believes it goes further than the intention of the legislation with CSSB 193(FIN). Number 0471 REPRESENTATIVE CROFT made a motion to move CSSB 193(FIN) out of committee with individual recommendations and zero fiscal note. There being no objection, CSSB 193(FIN) was moved from the House Judiciary Standing Committee.
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