Legislature(2007 - 2008)BELTZ 211

02/14/2008 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 233 UNCLAIMED PHONE/ELEC COOP DISTRIBUTIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
Including But Not Limited to:
+= SB 230 FILM OFFICE/ FILM PRODUCTION TAX CREDIT TELECONFERENCED
Moved CSSSSB 230(L&C) Out of Committee
+= SB 187 ALASKA MINIMUM WAGE TELECONFERENCED
Moved SB 187 Out of Committee
= SB 183 REPEAL DEFINED CONTRIB RETIREMENT PLANS
Moved SB 183 Out of Committee
     CSHB 233(L&C)-UNCLAIMED PHONE/ELEC COOP DISTRIBUTIONS                                                                  
                                                                                                                              
2:07:54 PM                                                                                                                    
CHAIR ELLIS announced CSHB 233(L&C) to be up for consideration.                                                                 
                                                                                                                                
DEREK MILLER, staff  to Representative Kelly, sponsor  of HB 233,                                                               
explained  that   it  addresses  the  sometimes   burdensome  and                                                               
ineffective  noticing  requirements  of  unclaimed  property  law                                                               
regarding   capital    credits   of   electric    and   telephone                                                               
cooperatives.  From  time  to  time  these  cooperatives  receive                                                               
excess  revenues from  its members  that exceed  the expenses  of                                                               
operations.  They hold  funds  in  member-owned capital  accounts                                                               
called  capital  credits  (sometimes  called  "net  margins")  on                                                               
behalf of the  member. These coops may refund a  portion of these                                                               
accumulated credits,  but in some  cases the  cooperative seeking                                                               
to  refund the  capital credits  can  no longer  find the  member                                                               
through their  last known address.  As a result, many  credits go                                                               
unclaimed.                                                                                                                      
                                                                                                                                
Current unclaimed property law allows  the credits to be reverted                                                               
back to the cooperative as long as  it has mailed a notice to the                                                               
last known  address at  least six months  prior to  the reversion                                                               
and published a notice in  a newspaper of general circulation. It                                                               
has been  found the newspaper notification  has not significantly                                                               
increased the number  of members who cash  their capital credits;                                                               
as a  result the cost  of compliance of that  part of the  law is                                                               
significant, while the effectiveness  is questionable at best. HB
233 allows cooperatives the option  of using the Internet instead                                                               
of  newspaper  publications  to   notify  its  members  of  these                                                               
unclaimed capital  credits. He  noted that Alaska  is one  of the                                                               
most wired states in the nation.                                                                                                
                                                                                                                                
As  an   example,  Mr.  Miller  noted   Alaska  Village  Electric                                                               
Cooperative (AVEC)  serves 52 villages and  spends many thousands                                                               
of dollars to  publish in several different  newspapers, but they                                                               
also  have a  website where  the names  of unlocated  members are                                                               
continuously published.                                                                                                         
                                                                                                                                
MR.  MILLER said  this  legislation is  supported  by the  Alaska                                                               
Power  Association  as well  as  several  other rural  coops  and                                                               
individuals.                                                                                                                    
                                                                                                                                
2:11:07 PM                                                                                                                    
SENATOR HOFFMAN asked how many newspapers AVEC advertises in.                                                                   
                                                                                                                                
MR. MILLER didn't know that answer.                                                                                             
                                                                                                                                
SENATOR STEVENS said they are  talking primarily about people who                                                               
have moved; if they are  still customers, it's relatively easy to                                                               
locate them. He asked how many people they are talking about.                                                                   
                                                                                                                                
MR.  MILLER  said  other  folks could  better  answer  that.  The                                                               
problem is that  the cost of complying with the  law is more than                                                               
the actual amounts that are in the accounts.                                                                                    
                                                                                                                                
2:12:27 PM                                                                                                                    
DARREN  SCOTT, CEO,  Kodiak  Electric  Association, supported  HB
233.  He said  the association  spends  about $4000  per year  to                                                               
advertise in the  newspaper and it's very  ineffective. Using the                                                               
Internet to contact people works a lot better.                                                                                  
                                                                                                                                
2:13:49 PM                                                                                                                    
RON   VACERA,  Director,   Member   Services,  Chugach   Electric                                                               
Association,  supported  HB  233.  He explained  that  a  lot  of                                                               
Anchorage people  move and Chugach Electric  pays capital credits                                                               
on  a  regular  basis.  It  spends  about  $55,000  annually  for                                                               
publishing names in the newspaper,  and it typically takes up 16-                                                               
20 pages in the  paper. It ends up issuing 2500  - 3000 checks to                                                               
about 15-20  percent of  the names  listed, which  indicates some                                                               
success,  but a  lot  are left  listed. He  said  that using  the                                                               
Internet was  much more economical  and the list could  remain on                                                               
line for an extended period of time unlike the newspaper.                                                                       
                                                                                                                                
2:16:16 PM                                                                                                                    
ROBERT  WILKINSON,  CEO,   Copper  Valley  Electric  Association,                                                               
supported HB  233. He agreed  with all the previous  testimony in                                                               
support  of this  bill and  said  they had  been advertising  for                                                               
invalid  addresses  on their  website  already  for a  number  of                                                               
years.  People  who  work  with  it have  told  him  it  is  more                                                               
successful than  newspaper advertising. He added  that a majority                                                               
of the Alaska coops use  these credits for scholarships for youth                                                               
of member owners. Copper Valley  Electric over the past 15 years,                                                               
had put over $100,000 into scholarships.                                                                                        
                                                                                                                                
2:18:14 PM                                                                                                                    
MARILYN  LELAND, Executive  Director,  Alaska Power  Association,                                                               
supported HB 233.  She said this process would  be more effective                                                               
for locating  former customers who  are owed capital  credits. In                                                               
addition it  would save them  and their customers  many thousands                                                               
of  dollars  in  advertising  expense.   The  current  method  of                                                               
publishing names  four times in  local newspapers  is cumbersome,                                                               
expensive and not  even terribly effective in  most small Alaskan                                                               
communities, where even if their  names are published, they don't                                                               
live there any more and aren't likely to see it.                                                                                
                                                                                                                                
She  said that  using the  Internet for  notice already  has some                                                               
precedence in  Alaska's unclaimed property statutes  and that the                                                               
Department  of   Revenue  already  gives  notice   to  owners  of                                                               
unclaimed property using an Internet website.                                                                                   
                                                                                                                                
SENATOR  BUNDE assumed  that  the expense  of  the publishing  is                                                               
passed on as an operating expense to the consumer.                                                                              
                                                                                                                                
MS. LELAND answered that was her understanding.                                                                                 
                                                                                                                                
SENATOR STEVENS  asked how she  tries to contact someone  who has                                                               
left the community,  whose physical address no  longer exists, by                                                               
using the Internet.                                                                                                             
                                                                                                                                
MS. LELAND answered rather than  advertising a long list of names                                                               
four times  there would be  a smaller advertisement in  the paper                                                               
that would  direct people to  the Internet where they  could look                                                               
at  the names.  She  mentioned  that finding  one's  name in  the                                                               
newspaper is  a hit or miss  proposition, but it would  be on the                                                               
coops' websites all the time.                                                                                                   
                                                                                                                                
2:22:04 PM                                                                                                                    
RAY  CRAIG,  Chair,  Chugach Consumers  and  Advocacy  Group  for                                                               
Electric  Utility  Customers,  supported   HB  233  for  all  the                                                               
previously mentioned  reasons. However  he was concerned  that it                                                               
went  too far  by not  putting any  minimum requirements  on what                                                               
kind of an advertisement the  utilities would do. A utility could                                                               
possibly bury  a fine print ad  in the back of  the legal notices                                                               
of the  paper out of  the view of  the public  - in light  of the                                                               
fact that utilities can keep unclaimed capital credits.                                                                         
                                                                                                                                
He suggested a possible fix to  require a minimum size display ad                                                               
four times a year with  an attention-getting headline like "Do we                                                               
owe you money?"  He reminded them that  the newspaper advertising                                                               
does allow thousands of people to recover their capital credits.                                                                
                                                                                                                                
2:25:57 PM                                                                                                                    
CHAIR  ELLIS asked  Mr. Miller  if he  had heard  this suggestion                                                               
before.                                                                                                                         
                                                                                                                                
MR. MILLER replied it  was new to him, and he  offered to work on                                                               
it.                                                                                                                             
                                                                                                                                
CHAIR ELLIS  said he would  be interested in  seeing a CS  with a                                                               
minimum  size ad  and  possibly a  requirement  that the  utility                                                               
collect the  email address of  the consumers.  He held HB  233 in                                                               
committee.                                                                                                                      
                                                                                                                                

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