[Congressional Record Volume 151, Number 12 (Tuesday, February 8, 2005)]
[Senate]
[Page S1142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2. Mr. KENNEDY (for himself, Ms. Cantwell, Mr. Biden, Mr. Leahy, 
Mr. Corzine, Mrs. Murray, Ms. Mikulski, and Mr. Feingold) submitted an 
amendment intended to be proposed by him to the bill S. 5, to amend the 
procedures that apply to consideration of interstate class actions to 
assure fairer outcomes for class members and defendants, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 15, strike lines 3 through 7, and insert the 
     following:
       ``(B) the term `class action'--
       ``(i) means any civil action filed under rule 23 of the 
     Federal Rules of Civil Procedure or similar State statute or 
     rule of judicial procedure authorizing an action to be 
     brought by 1 or more representative persons as a class 
     action; and
       ``(ii) does not include--
       ``(I) any class action brought under a State or local civil 
     rights law prohibiting discrimination on the basis of race, 
     color, religion, sex, national origin, age, disability, or 
     other classification specified in that law; or
       ``(II) any class action or collective action brought to 
     obtain relief under State or local law for failure to pay the 
     minimum wage, overtime pay, or wages for all time worked, 
     failure to provide rest or meal breaks, or unlawful use of 
     child labor;
                                 ______
                                 
  SA 3. Mr. DURBIN proposed an amendment to the bill S. 5, to amend the 
procedures that apply to consideration of interstate class actions to 
assure fairer outcomes for class members and defendants, and for other 
purposes; as follows:

       On page 20, before the semicolon at the end of line 23, 
     insert ``or by the court sua sponte''.

       On page 21, line 5, strike ``solely''.

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