Legislature(2007 - 2008)BELTZ 211

01/31/2008 02:00 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
*+ SB 153 PEACE OFFICERS/FIRE FIGHTER RETIREMENT TELECONFERENCED
Heard & Held
*+ SB 187 ALASKA MINIMUM WAGE TELECONFERENCED
Heard & Held
*+ SB 197 PAYMENT DATE FOR CREDIT CARD PAYMENTS TELECONFERENCED
Heard & Held
+ HB 226 REPEAL TERMINATION OF STEP PROGRAM TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
          SB 197-PAYMENT DATE FOR CREDIT CARD PAYMENTS                                                                      
                                                                                                                              
3:18:27 PM                                                                                                                    
CHAIR ELLIS announced SB 197 to be up for consideration.                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI,  sponsor of  SB 197,  said this  bill stems                                                               
from  an irate  constituent who  related that  he had  mailed his                                                               
payments to  his credit  card company  at least  a week  ahead of                                                               
time, and for whatever reason, had  not received them on time. So                                                               
he thought why  not do it the  way the IRS, the  State of Alaska,                                                               
the Municipality of Anchorage do,  which is "the bill is received                                                               
the day it is mailed."                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI explained that  people who have their credit                                                               
card payments  received late often  have their rates  tripled. In                                                               
some cases,  the late  payments are tied  to higher  mortgage and                                                               
auto insurance rates. This can  have devastating impacts on one's                                                               
job application because employers often look at credit reports.                                                                 
                                                                                                                                
He said  the fees can amount  to hundreds of dollars  because you                                                               
are charged  interest on the full  amount; he was shown  a credit                                                               
card statement where  someone was charged a  399 percent interest                                                               
rate for  being one day  late along with a  $39 late fee.  It was                                                               
due  on a  holiday, which  was  a Monday,  the day  before was  a                                                               
Sunday; so there  was no mail on Sunday. The  credit card company                                                               
got  the payment  on Tuesday.  The particular  problem people  in                                                               
Alaska have  is that  it takes  longer for mail  to get  here and                                                               
longer  for  it  to  get  sent  back.  It's  bad  for  people  in                                                               
Anchorage, but it's even worse for people in the Bush.                                                                          
                                                                                                                                
He had  done extensive  research on this  issue and  hadn't found                                                               
any other  state attempting to  address this. He has  gotten more                                                               
positive feedback on this bill than  almost any other bill he has                                                               
filed. He  hoped it had been  narrowly crafted enough so  that it                                                               
didn't have any preemption issues  with federal law. He explained                                                               
that states cannot  regulate rates, fees or  price related items,                                                               
but this  bill doesn't do that.  A state cannot regulate  if it's                                                               
something  that's overly  burdensome,  but this  bill doesn't  do                                                               
that either. He reiterated that  every state, the municipality of                                                               
Anchorage, and  the federal government, when  they accept payment                                                               
from  you,  it's the  date  you  have it  postmarked.  Electronic                                                               
payments are that way as well. That's all this bill says.                                                                       
                                                                                                                                
CHAIR  ELLIS said  he is  an enthusiastic  co-sponsor because  he                                                               
thought Alaskans were  being scammed by some of  the major credit                                                               
card companies. He  thought the system was  set against consumers                                                               
and  Alaskans in  particular. So  if this  can be  documented, he                                                               
hoped to make some progress.                                                                                                    
                                                                                                                                
SENATOR BUNDE  said he  shared his goal  and concerns,  but maybe                                                               
considering the  time value of  money, they could  be encouraging                                                               
Alaskans to mail  their payments on the due date,  when it's post                                                               
marked, but now  it doesn't arrive at the company  for a week and                                                               
the company  is now losing  money. That doesn't seem  fair either                                                               
and would,  of course, be added  to the overhead which  will come                                                               
back on  us all. He asked  if the sponsors had  given any thought                                                               
to applying this only to payments mailed before the due date.                                                                   
                                                                                                                                
CHAIR ELLIS responded  that was a good question and  asked him to                                                               
hold it for the next hearing.                                                                                                   
                                                                                                                                
3:22:41 PM                                                                                                                    
STEVE   CLEARY,  Executive   Director,  Alaska   Public  Interest                                                               
Research Group (AKPIRG), enthusiastically  supported SB 197. It's                                                               
a great help  to consumers who are paying their  bills on time to                                                               
receive  credit for  that.  He  agreed with  what  can happen  to                                                               
consumers  if they  send their  payments on  time, but  are still                                                               
considered late.                                                                                                                
                                                                                                                                
3:23:47 PM                                                                                                                    
DAVID  LAWER, Senior  Vice President  and General  Counsel, First                                                               
National Bank of  Alaska, said this legislation  will not achieve                                                               
Senator  Wielechowski's objective.  It would  result in  becoming                                                               
the  law  of  the  state  where payment  is  received  and  First                                                               
National Bank  of Alaska and Alaska  USA would be the  only banks                                                               
in  Alaska it  would  affect. He  explained  that First  National                                                               
could comply with it with  respect to payments made from accounts                                                               
with the bank  to credit cards with the bank.  Otherwise they are                                                               
not  able  to  identify  the  date and  source  of  the  computer                                                               
authorization   for  payment   or   the  date   of  a   telephone                                                               
authorization  for  payment.  In  most cases,  he  explained,  an                                                               
electronic or a  phone authorization is made  to an intermediary.                                                               
So  when that  intermediary ultimately  sends payment  to him  on                                                               
behalf  of its  customer, they  simply  send a  name, an  account                                                               
number and  an amount. The bank  is unable to ascertain  the date                                                               
when the call was made.                                                                                                         
                                                                                                                                
As  to the  post  mark  payment, as  matters  are  now when  they                                                               
receive payment in the mail, that  is processed by their lock box                                                               
system which mechanically opens the  envelope and sorts the check                                                               
and  the payment  stub from  the envelope.  The payment  stub and                                                               
check are  then sent for  processing. If  the bank had  to record                                                               
the date  of post marking that  would have to be  done by people,                                                               
which would entail a cost  they couldn't bear given their margins                                                               
in connection with their issuing business.                                                                                      
                                                                                                                                
MR. LAWER  explained that  the law  of payment  can be  varied by                                                               
contract  and his  bank  only credits  payments  made across  the                                                               
counter if  received by 2:00  p.m. Any payment received  later is                                                               
treated as being received the next  day. If this bill was changed                                                               
to prohibit  alteration of  the law  by contract,  First National                                                               
would simply  go out  of the credit  card issuing  business. Then                                                               
Alaska  constituents would  be left  with no  one to  do business                                                               
with except  the credit  card companies  that are  doing business                                                               
and receiving  payments outside  of the state  of Alaska  and who                                                               
would be unaffected by this law.                                                                                                
                                                                                                                                
3:29:07 PM                                                                                                                    
BILL  SCANELL, representing  himself, supported  SB 197.  He said                                                               
while he understands  most of this stuff  is federally regulated,                                                               
something  needs to  be done  in Alaska.  When his  wife, who  is                                                               
fanatical about  paying her bills, was  a day late, it  took them                                                               
both 5.5  months to pay off  the credit card and  their insurance                                                               
rates went  up. The phone  calls alone  took up literally  half a                                                               
day  and that  just isn't  right. Getting  a post  mark is  valid                                                               
proof of service, he said.  If credit card companies are charging                                                               
working people 18, 20, 30 and  50 percent, they can afford to pay                                                               
for opening envelopes.                                                                                                          
                                                                                                                                
3:31:27 PM                                                                                                                    
JOHN  FARLEIGH,  representing  himself,   supported  SB  197.  He                                                               
testified how  he cut up his  Chase credit card and  sent it back                                                               
when his interest  rate reached 24.9 percent because  of a series                                                               
of late  payments. He explained  that last November 27  he mailed                                                               
payments to both Chase and  American Express. Three days later on                                                               
November  30  American  Express posted  his  payment,  but  Chase                                                               
didn't post  his payment  until December  10. He  called customer                                                               
service and they agreed to take  away the $35 charge, but refused                                                               
to repost it to a more reasonable date.                                                                                         
                                                                                                                                
He expounded that  not only is this legislation  needed, it needs                                                               
an amendment because of what  happened to him after he complained                                                               
- Chase retaliated on him. His  next month's bill was received in                                                               
his home  on December  24 with  a due  date of  January 5  and he                                                               
declared, "If they  are claiming it takes two weeks  for the mail                                                               
to get  there, that makes  if physically impossible to  make that                                                               
payment."                                                                                                                       
                                                                                                                                
He  related  that  he started  wiring  payments  through  Western                                                               
Union, but now  Chase doesn't accept wired payments,  so they are                                                               
taking away  his ability  to pay  on time.  This is  a calculated                                                               
strategy,  he exclaimed,  to  allow them  to  raise his  interest                                                               
rates. So the  amendment he suggested was to  require credit card                                                               
companies to  give people a  30-day window  to pay from  the time                                                               
they issue the bill.                                                                                                            
                                                                                                                                
CHAIR ELLIS  thanked him  for his testimony  and said  they would                                                               
hold this bill for further work.                                                                                                

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