Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/02/2012 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 122 REAL ESTATE TRANSFER FEES/TITLE PLANTS TELECONFERENCED
Heard & Held
*+ SB 138 THIRD-PARTY CHARGES ON TELEPHONE BILLS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 122-REAL ESTATE TRANSFER FEES/TITLE PLANTS                                                                      
                                                                                                                                
1:41:45 PM                                                                                                                    
CHAIR EGAN announced SB 122 to be up for consideration.                                                                         
                                                                                                                                
1:41:56 PM                                                                                                                    
DANA  OWEN, staff  to the  Senate Labor  and Commerce  Committee,                                                               
said they  received a committee  substitute (CS) for SB  122 from                                                               
the  Community and  Regional  Affairs  Committee, which  contains                                                               
only the  second section of the  original bill. So, he  wanted to                                                               
explain what that was about.                                                                                                    
                                                                                                                                
He explained that currently in Alaska  law it is possible to have                                                               
a transfer fee  covenant when a title is exchanged  on a piece of                                                               
land. These  kinds of  covenants have been  outlawed in  41 other                                                               
states. Interestingly  the first instance  he could find  of that                                                               
being prohibited is in New York  where the courts outlawed it and                                                               
termed it "a vestige of feudalism."                                                                                             
                                                                                                                                
MR.  OWEN  said  a  real   estate  transfer  fee  covenant  is  a                                                               
covenant attached to  a deed that mandates a fee  be paid back to                                                               
that first  owner who  put the requirement  into the  title every                                                               
time the  title changes hands.  It seems like good  public policy                                                               
to outlaw them, and that's what this bill would do.                                                                             
                                                                                                                                
He said the title community in  Alaska is deeply divided over the                                                               
provisions in  the first  section of  the bill,  and he  is still                                                               
searching for the  answer. Linda Hall, the  Division of Insurance                                                               
director had been  in conversations with them and  himself to try                                                               
and find some kind of accommodation,  but they were not ready for                                                               
that today.                                                                                                                     
                                                                                                                                
SENATOR GIESSEL asked if they are  dealing with version B and had                                                               
referenced the original bill as well.                                                                                           
                                                                                                                                
MR. OWEN answered yes.                                                                                                          
                                                                                                                                
1:44:53 PM                                                                                                                    
SENATOR MENARD joined the committee.                                                                                            
                                                                                                                                
1:45:00 PM                                                                                                                    
At ease from 1:45:00 to 1:45:44 p.m.                                                                                            
                                                                                                                                
1:45:44 PM                                                                                                                    
SENATOR  GIESSEL  moved  to  adopt  CSSB  122(CRA),  version  27-                                                               
LS0789\B.                                                                                                                       
                                                                                                                                
CHAIR EGAN objected for discussion purposes.                                                                                    
                                                                                                                                
SENATOR DAVIS asked Ms. Hall to explain the bill to her.                                                                        
                                                                                                                                
1:47:30 PM                                                                                                                    
MR.  OWEN clarified  that the  bill before  the committee  is the                                                               
Senate  Community and  Regional Affairs  (CRA) version  that took                                                               
out  the  first section  of  the  original  bill. The  reason  he                                                               
brought  it up  is  that  changes would  be  forthcoming, but  he                                                               
didn't know what they would be.                                                                                                 
                                                                                                                                
LINDA  HALL,  Director,  Division  of  Insurance,  Department  of                                                               
Commerce, Community  and Economic Development  (DCCED), explained                                                               
that the CS,  version B, is identical to section  2 in version A.                                                               
That made a  difference in the length of time  title records have                                                               
to  be kept.  There is  some discussion  going on  about what  an                                                               
appropriate amount of  time is, so section 1  was removed leaving                                                               
only section  2 at  this point.  She thought  section 2  was good                                                               
public  policy,  because it  does  away  with  what would  be  an                                                               
additional  cost  for certain  consumers  every  time a  property                                                               
changes hands.                                                                                                                  
                                                                                                                                
MS. HALL said  she supported this version of the  bill, but if it                                                               
changes again she would have to reconsider.                                                                                     
                                                                                                                                
CHAIR  EGAN,  on   behalf  of  the  entire   Labor  and  Commerce                                                               
Committee, thanked Ms.  Hall for all her years of  service to the                                                               
State of  Alaska and said  they really  hate to see  her announce                                                               
her retirement.                                                                                                                 
                                                                                                                                
MS. HALL thanked him for the compliment.                                                                                        
                                                                                                                                
1:50:53 PM                                                                                                                    
CRYSTAL PELTOLA,  Vice President and General  Manager, Alaska USA                                                               
Title  Agency,  Anchorage, said  they  started  the company  four                                                               
years  ago  and have  five  branches  throughout the  state.  She                                                               
supported CSSB  122 (CRA)  as written.  She said  prohibiting the                                                               
transfer fee tax is good for consumers.                                                                                         
                                                                                                                                
SENATOR GIESSEL asked  if she was revoking her  letter of January                                                               
24 that  expressed concerns and  opposition to SB 122,  the first                                                               
version.                                                                                                                        
                                                                                                                                
MS. PELTOLA  replied yes,  and added if  section 1  is reinserted                                                               
she would still oppose it.                                                                                                      
                                                                                                                                
1:52:51 PM                                                                                                                    
RAYMOND  DAVIS,  Vice  President,  Old  Republic  National  Title                                                               
Insurance Company, Seattle,  Washington, supported CSSB 122(CRA).                                                               
He said  Old Republic is  licensed to  do business in  Alaska and                                                               
works with  Title agencies  such as Alaska  USA Title  Agency and                                                               
others.  He agreed  with Ms.  Peltola  that prohibiting  transfer                                                               
fees  is good  public  policy,  and a  bill  like  this has  been                                                               
adopted in most states in the  last couple of years. He explained                                                               
that  for lack  of a  better phrase,  it was  kind of  a "scheme"                                                               
created several years  ago by an organization back  East that put                                                               
packages together  for real estate developers  who developed some                                                               
properties and  sold the lots;  in fine  print the deed  said any                                                               
time  that  property  was  sold  in the  future  they  would  get                                                               
anywhere from  .5 percent to 1  percent of the sales  price back.                                                               
It was "sneaky and unfair."                                                                                                     
                                                                                                                                
MR. DAVIS said  the current title licensing laws  "work just fine                                                               
now."  Their concern  was  that any  industry  proponents of  the                                                               
legislation were seeking to  restrict competition and potentially                                                               
put current companies out of  business. He said they support open                                                               
markets,  and  licensing  should  be restricted  to  issues  that                                                               
protect  the public  and  not  to protect  the  guys in  business                                                               
against other people that want to come in.                                                                                      
                                                                                                                                
CHAIR  EGAN asked,  "So,  you're not  opposed  to us  eliminating                                                               
section 1 out of the bill?"                                                                                                     
                                                                                                                                
MR. DAVIS replied no, section 1 should be eliminated.                                                                           
                                                                                                                                
1:57:18 PM                                                                                                                    
SENATOR  DAVIS said  people who  testified are  in agreement  and                                                               
asked if anyone opposed this legislation.                                                                                       
                                                                                                                                
CHAIR EGAN  replied there  was no opposition  right now;  but the                                                               
committee normally holds  a bill after hearing it  the first time                                                               
and he was going to hold SB 122 for now.                                                                                        
                                                                                                                                

Document Name Date/Time Subjects
CSSB 122 (CRA).pdf SL&C 2/2/2012 1:30:00 PM
SB 122
SB 122 Sponsor Statement.pdf SL&C 2/2/2012 1:30:00 PM
SB 122
SB122-DCCED-INS-01-19-12.pdf SL&C 2/2/2012 1:30:00 PM
SB 122
SB122 lttr supporting, First Am. Title.pdf SL&C 2/2/2012 1:30:00 PM
SB 122
SB 122 lttr supporting, Yukon Title 012312.pdf SL&C 2/2/2012 1:30:00 PM
SB 122
SB 122 lttr supporting, Mat-Su Title 012312.pdf SL&C 2/2/2012 1:30:00 PM
SB 122
SB 122 lttr supporting, Fidelity Title 012312.pdf SL&C 2/2/2012 1:30:00 PM
SB 122
SB 122 lttr opposing, Old Republic Title 1-31-12.PDF SL&C 2/2/2012 1:30:00 PM
SB 122
SB 122 lttr opposing, Old Repub. Title 1-10-12.PDF HJUD 4/11/2012 1:00:00 PM
SL&C 2/2/2012 1:30:00 PM
SB 122
SB 122 lttr opposing, AKUSA Title 1-24-12.PDF SL&C 2/2/2012 1:30:00 PM
SB 122
SB138-Sponsor statement.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138-Sectional Analysis.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138-LAW-CIV-01-27-12.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138-Fact Sheet.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138-Exhibit II -Sample Residential Bill.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138-Exhibit II - Sample Enterprise Bill.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138-DCCED-RCA-01-27-12.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138 VT Asst. AG Testimony.PDF SL&C 2/2/2012 1:30:00 PM
SB 138
SB138 Media-phone cramming msnbc.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138 Media-Phone Cramming APM.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138 Media-Juneau Empire Story, 1-10-12.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138 lttr supporting, AKPIRG.pdf SL&C 2/2/2012 1:30:00 PM
SB 138
SB138 backup material- US Senate Committee Findings.PDF SL&C 2/2/2012 1:30:00 PM
SB 138
SB 138 DRAFT CS v E.PDF SL&C 2/2/2012 1:30:00 PM
SB 138