Legislature(1999 - 2000)

03/03/2000 01:50 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL NO. 218                                                                                                              
                                                                                                                                
An Act relating to property loaned to or held by                                                                                
museums.                                                                                                                        
                                                                                                                                
Vice Chair Bunde MOVED to adopt work draft #1-LS0786\H,                                                                         
Bannister, 3/3/00, as the version before the Committee.                                                                         
There being NO OBJECTION, it was adopted.                                                                                       
                                                                                                                                
MIKE TIBBLES, STAFF, REPRESENTATIVE GENE THERRIAULT,                                                                            
commented that he had made a modification to the "H" draft                                                                      
and noted that he would make his comments to that version.                                                                      
Mr. Tibbles distributed a handout illustrating the "Timeline                                                                    
for Acquisition".  [Copy on File].                                                                                              
                                                                                                                                
Mr. Tibbles pointed out that the original bill had required                                                                     
return receipt notices which has been eliminated in the                                                                         
proposed version.  The second notice requirement was                                                                            
eliminated and the timeline date was set at 90 days.                                                                            
                                                                                                                                
Mr. Tibbles pointed out another concern regarding the                                                                           
"contracts".  He stated that the language had been written                                                                      
"permissively" by the use of "may".  The language would                                                                         
provide that there could be two exclusive mechanisms for                                                                        
buying property. He advised that language had been added to                                                                     
the definition to exclude all loans that have intent to                                                                         
transfer the title of the property.                                                                                             
                                                                                                                                
Co-Chair Therriault advised that if specifics were specified                                                                    
in the contract, that language would take preference.  He                                                                       
pointed out that language on Page 2, Lines 16-18 had been                                                                       
deleted.                                                                                                                        
                                                                                                                                
Representative J. Davies questioned the 90-day timeline.  He                                                                    
pointed out the requirement for four weeks of newspaper                                                                         
publishing.  He noted that if there were a delay in                                                                             
initiating that process, it would not occur on the 90th day.                                                                    
He recommended that the 90th day should be replaced with                                                                        
language: "Following the four weeks of notice".                                                                                 
                                                                                                                                
KEVIN HAND, STAFF, REPRESENTATIVE HALCRO, explained that                                                                        
language would stipulate that taking ownership by the museum                                                                    
would happen on the 61st day after the first newspaper                                                                          
announcement which would push the 90-days back.                                                                                 
Representative J. Davies pointed out that the 90 days was                                                                       
referenced on Page 2, Line 15.                                                                                                  
                                                                                                                                
Mr. Tibbles added that section stipulates when it is                                                                            
required to be included in the notice.  It does not set out                                                                     
the requirements for that provision.  The section, which                                                                        
outlines the requirements is on Page 3, Subsection (E).                                                                         
                                                                                                                                
Representative Phillips explained that the 90 days was only                                                                     
for the notification.  That language does not indicate the                                                                      
notification process.                                                                                                           
                                                                                                                                
Co-Chair Therriault noted that there is concern exists as it                                                                    
is stated "90 days", however, it could be pushed to 95 days                                                                     
or more.  He recommended that the notice indicate the actual                                                                    
number of days.                                                                                                                 
                                                                                                                                
Representative J. Davies referenced Page 3, Subsection (E),                                                                     
Lines 3-8.  That language reads that as of the 61st day.  He                                                                    
questioned what would happen if the notice was out for only                                                                     
two weeks rather than the stipulated four weeks.  He asked                                                                      
if it could be claimed that there was an interruption.  Vice                                                                    
Chair Bunde explained that the owner must submit their claim                                                                    
within 90 days to access it.                                                                                                    
                                                                                                                                
Representative J. Davies voiced concern that there could be                                                                     
an alternative attempt to make contact creating an arbitrary                                                                    
circumstance.  Mr. Tibbles pointed out that there had been                                                                      
60 days built in; the article will run for 30 days and then                                                                     
they will have an additional 30 days to make contact.  Vice                                                                     
Chair Bunde interjected that an owner would have 90 days,                                                                       
however, the actual notification process would run for 100                                                                      
days.                                                                                                                           
                                                                                                                                
Representative J. Davies recommended that the language be                                                                       
changed to the 31st day after the last public notice runs.                                                                      
He proposed a conceptual amendment, to Page 3, Line 4, which                                                                    
would require four weeks of newspaper notice.  He voiced                                                                        
concern that the "61st" day might not mesh with the                                                                             
newspaper articles.  Mr. Tibbles commented that seems to be                                                                     
the same stipulation; he questioned the need.  He pointed                                                                       
out that the notice states that you have 90 days to respond.                                                                    
                                                                                                                                
Co-Chair Therriault pointed out that the if the person came                                                                     
in on the "91st" day, they would not be precluded from making                                                                   
the claim.  Vice Chair Bunde countered that they would be                                                                       
precluded.  He commented that he agreed with Representative                                                                     
J. Davies perspective.                                                                                                          
                                                                                                                                
Co-Chair Therriault pointed out that the wording on Page 2                                                                      
references what the notices must include on Page 6.  Vice                                                                       
Chair Bunde emphasized that the wording is not accurate.                                                                        
Co-Chair Therriault stipulated that he would have no problem                                                                    
making the language consistent.   Representative J. Davies                                                                      
reiterated that it would need to be 31 days after the                                                                           
publication required in Subsection c was complete.                                                                              
                                                                                                                                
Mr. Tibbles agreed that it was confusing.  There are two                                                                        
notices, the written notice and the one itemized in the                                                                         
newspaper.  That notice states that it is 30 days from one,                                                                     
and 60 days from the other.                                                                                                     
                                                                                                                                
Representative J. Davies MOVED a conceptual amendment,                                                                          
Amendment #1 that the "museum requires title of property, 31                                                                    
days after the completion of the notice requirements                                                                            
outlined in Subsection c".  There being NO OBJECTION, it was                                                                    
adopted.                                                                                                                        
                                                                                                                                
Representative J. Davies MOVED Amendment #2 which would make                                                                    
language on Page 2, Line 15, consistent with the conceptual                                                                     
Amendment #1.  There being NO OBJECTION, it was adopted.                                                                        
                                                                                                                                
Vice Chair Bunde MOVED to report CS HB 218 (FIN) out of                                                                         
Committee with individual recommendations and with the                                                                          
accompanying fiscal note.  There being NO OBJECTION, it was                                                                     
so ordered.                                                                                                                     
                                                                                                                                
CS HB 218 (FIN) was reported out of Committee with a "do                                                                        
pass" recommendation and with a new zero fiscal note by                                                                         
Department of Education and Early Development.                                                                                  

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