Legislature(2005 - 2006)BELTZ 211

04/28/2005 01:30 PM Senate LABOR & COMMERCE


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01:38:04 PM Start
01:40:01 PM Alcohol Beverage Control Board: Michael Gordon - Anchorage, William Tull – Palmer || Board of Marine Pilots - Dale Collins - Ketchikan || Real Estate Commission: Gene Duval - Fairbanks, Roger Stone - Ketchikan
01:42:22 PM HB61
01:50:57 PM HB211
01:55:28 PM SB173
02:10:00 PM HB216
02:14:25 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 211 DENTISTS; HYGIENISTS; BD OF DENTAL EXAM. TELECONFERENCED
Moved CSHB 211(FIN) Out of Committee
+= SB 173 NEWSPAPER PROPERTY SALES NOTICES TELECONFERENCED
Heard & Held
+ HB 216 INSURANCE RATES,FORMS,& FILING TELECONFERENCED
Moved CSHB 216(L&C)(Title am)Out of Cmte
+ Confirmation Hearing TELECONFERENCED
Alcohol Beverage Control Board
Michael Gordon - Anchorage
William Tull - Palmer
Board of Marine Pilots
Dale Collins - Ketchikan
Real Estate Commission
Gene DuVal - Fairbanks
Roger Stone - Ketchikan
+ Bills Previously Heard/Scheduled TELECONFERENCED
Including But Not Limited to:
+= HB 61 GAMING: CALCUTTA POOLS & CRANE CLASSICS TELECONFERENCED
Moved SCS CSHB 61(L&C) Out of Committee
            SB 173-NEWSPAPER PROPERTY SALES NOTICES                                                                         
                                                                                                                              
CHAIR RALPH SEEKINS announced SB 173 to be up for consideration.                                                                
                                                                                                                                
RYAN MAKINSTER, staff  to Senator Cowdery, explained  that SB 173                                                               
addresses an  issue regarding notice  of a fail on  execution for                                                               
real property. Currently  before a sale of  property on execution                                                               
can  take  place,  a  public   notice  must  be  given  including                                                               
certified mail,  mail and  public notice in  a newspaper.  SB 173                                                               
addresses  the  fact  that  the  current  definition  of  general                                                               
circulation  newspaper includes  one  provision -  that it  would                                                               
have a  second-class federal postage  permit. This was  under the                                                               
belief  that newspapers  in general  circulation had  that power.                                                               
Nowadays there  are free  newspapers -  the Anchorage  Press, for                                                               
example. And now  it has an overwhelming circulation  - enough to                                                               
qualify in other states as a general circulation newspaper.                                                                     
                                                                                                                                
     The  intent of  AS 9.35.410  is to  notify the  public.                                                                    
     What  better way  to notify  the public  than a  broad-                                                                    
     reaching free newspaper? Basically,  all this bill will                                                                    
     do is remove the  requirement of a second-class mailing                                                                    
     permit.                                                                                                                    
                                                                                                                                
As  the  statute is  currently  written,  periodical permits  are                                                               
called second-class mailing permits.                                                                                            
                                                                                                                              
1:55:28 PM                                                                                                                    
SENATOR BEN STEVENS  asked when the definition  of a second-class                                                               
permit was changed to periodical.                                                                                               
                                                                                                                                
MR. MAKINSTER replied that it was  changed in 1996. He added that                                                               
other provisions for  general circulation are that  the paper has                                                               
to be distributed at least once a  week for 50 weeks in each year                                                               
and must  have a  total paid circulation  or distribution  of 500                                                               
copies  or 10  percent of  the total  population of  the judicial                                                               
district in which it is located.                                                                                                
                                                                                                                                
SENATOR  BEN  STEVENS  asked how  many  publications  this  would                                                               
affect other than the Anchorage Press.                                                                                          
                                                                                                                                
MR.  MAKINSTER  replied that  the  Anchorage  Press is  the  only                                                               
publication he knows of.                                                                                                        
                                                                                                                                
1:57:27 PM                                                                                                                    
SENATOR ELLIS asked if the Pulse, in Anchorage, would qualify.                                                                  
                                                                                                                                
MR. MAKINSTER replied that he didn't know for sure.                                                                             
                                                                                                                                
     If  they  did  a  broad  notice  across  all  of  their                                                                    
     circulations, that would fulfill  the number within the                                                                    
     judicial district, but if you  specifically went to the                                                                    
     South   side,  that   doesn't  have   a  large   enough                                                                    
     circulation to  fulfill that,  it would  have to  be in                                                                    
     every publication. I believe  under that case, it would                                                                    
     fill the obligation.                                                                                                       
                                                                                                                                
SENATOR ELLIS  pointed out  that there are  more than  just three                                                               
newspapers statewide  and asked if  the Anchorage Daily  News and                                                               
Chugiak Eagle River Star would qualify also.                                                                                    
                                                                                                                                
MR. MAKINSTER  apologized and said  that he was only  thinking of                                                               
the  Anchorage  area and  forgot  to  mention that  other  papers                                                               
qualify.  The  Juneau   Empire  is  another  paper   that  has  a                                                               
periodical permit, which was previously a class 2 permit.                                                                       
                                                                                                                                
1:59:10 PM                                                                                                                    
CHAIR  SEEKINS  said  he  had  never even  seen  a  copy  of  the                                                               
Anchorage Press and  asked how many other people would  rely on a                                                               
general circulation paper to keep  abreast of public notices like                                                               
him. He was curious if they are  just trying to reach a number or                                                               
really trying to fulfill the purpose of a public notice.                                                                        
                                                                                                                                
MR. MAKINSTER replied  that his argument can be made,  but on the                                                               
other  hand,  a  subscription  doesn't  automatically  reach  the                                                               
people you  want it  to and,  as a  consequence, language  says a                                                               
publication only  has to reach  a large enough number  to qualify                                                               
for general circulation.                                                                                                        
                                                                                                                                
CHAIR SEEKINS  asked if the  bidding process on public  notice is                                                               
for each notice  or to be the publisher of  public notices in the                                                               
community.                                                                                                                      
                                                                                                                                
MR. MAKINSTER replied currently when  a public notice goes out to                                                               
bid,  just one  entity is  being used.  He didn't  know how  this                                                               
would change the process.                                                                                                       
                                                                                                                                
2:02:19 PM                                                                                                                    
CHAIR  SEEKINS  said  he was  concerned  that  a  general-purpose                                                               
publication   (not   intended    primarily   for   a   particular                                                               
professional  or  occupational  group)  that  had  a  total  paid                                                               
distribution  of  at least  500  copies  could bid  competitively                                                               
against a newspaper with tens of thousands of readers.                                                                          
                                                                                                                                
He has a  high regard for trying to reach  the greatest number of                                                               
people possible with  public notice and thought that  was part of                                                               
the  legislature's responsibility.  If he  puts public  notice up                                                               
for  bid and  as  a result  of  a lower  bid,  he notifies  fewer                                                               
people, he is not meeting his public responsibility.                                                                            
                                                                                                                                
MR. MAKINSTER  responded that  the sponsor's  intent is  to allow                                                               
free  circulation  newspapers  that fulfill  the  obligations  of                                                               
having a permit to bid on  public notices, but he would work with                                                               
Senator Seekins on  language that would address  his concern with                                                               
the smaller-running publications.                                                                                               
                                                                                                                                
2:04:18 PM                                                                                                                    
SENATOR BEN  STEVENS said he  would not classify  requirement for                                                               
public notice as an advertisement.                                                                                              
                                                                                                                                
     Most people that  follow the public notice  for sale of                                                                    
     real property in Anchorage are  almost in the business.                                                                    
     Regardless  of what  publication  it's  in, they  would                                                                    
     know where it's going to go and they would follow it.                                                                      
                                                                                                                                
He  wasn't quite  in  agreement with  requiring  that the  public                                                               
notice has to reach as many people as possible.                                                                                 
                                                                                                                                
2:05:29 PM                                                                                                                    
CHAIR SEEKINS said he was not  that concerned if the intent is to                                                               
broaden  the  availability  and  distribution,  but  if  it's  an                                                               
"either or" situation, he did.  He thought this bill could easily                                                               
be  portrayed as  single-interest legislation  and that  probably                                                               
wasn't the  intent of the sponsor.  He asked if the  large papers                                                               
in the state had commented.                                                                                                     
                                                                                                                                
MR. MAKINSTER replied  that he had contacted  the Anchorage Daily                                                               
News circulation manager who didn't have any response.                                                                          
                                                                                                                                
2:07:35 PM                                                                                                                    
SENATOR ELLIS asked if notices could  be in the free Capital City                                                               
Weekly instead of the Juneau Empire.                                                                                            
                                                                                                                                
MR. MAKINSTER  replied that  he didn't know  if the  Capital City                                                               
Weekly qualified under the circulation number.                                                                                  
                                                                                                                                
2:07:56 PM                                                                                                                    
CHAIR SEEKINS asked if there  was a definition difference between                                                               
circulation and the number of copies printed.                                                                                   
                                                                                                                                
MR. MAKINSTER  replied that just  printing them and  leaving them                                                               
in warehouses does  not fulfill that obligation, they  have to at                                                               
least be on a stand.                                                                                                            
                                                                                                                                
2:08:12 PM                                                                                                                    
SENATOR BEN STEVENS said that  numerous smaller publications have                                                               
a big  circulation in the west  and southwest parts of  the state                                                               
and they  that have  to have  the periodic  bulk rate  to fulfill                                                               
their distribution rate  from their subscription base  as well as                                                               
their free  distribution. He knows that  those circulations carry                                                               
public notices  in them. Their  distribution might not be  as big                                                               
as  the Anchorage  Press, but  because they  have the  bulk rate,                                                               
they  have  been able  to  participate  under the  public  notice                                                               
process.                                                                                                                        
                                                                                                                                
CHAIR SEEKINS  replied that he  wasn't trying to  constrict their                                                               
participation, but rather he was  trying to make sure they didn't                                                               
constrict it by  this law. He said  that he would hold  SB 173 so                                                               
he  could  at  least  talk  to his  newspaper  in  Fairbanks.  He                                                               
asserted that he  is not trying to protect  the economic interest                                                               
of the Anchorage Daily News.                                                                                                    
                                                                                                                                
CHAIR SEEKINS announced he would hold SB 173 in committee.                                                                      

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