Legislature(1997 - 1998)

02/12/1997 08:04 AM House CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              HOUSE COMMUNITY AND REGIONAL AFFAIRS                             
                       STANDING COMMITTEE                                      
                       February 12, 1997                                       
                           8:04 a.m.                                           
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Ivan Ivan, Chairman                                            
 Representative Fred Dyson                                                     
 Representative Scott Ogan                                                     
 Representative Joe Ryan                                                       
 Representative Jerry Sanders                                                  
 Representative Al Kookesh                                                     
 Representative Reggie Joule                                                   
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All Members Present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 94                                                             
 "An Act relating to confidentiality of certain municipal tax                  
 records."                                                                     
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 94                                                                
 SHORT TITLE: MUNICIPAL TAX RECORDS                                            
 SPONSOR(S): REPRESENTATIVE(S) GREEN,Kelly                                     
                                                                               
 JRN-DATE      JRN-PG         ACTION                                           
 01/29/97       168    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/29/97       168    (H)   CRA, FINANCE                                      
 02/12/97              (H)   CRA AT  8:00 AM CAPITOL 124                       
 02/14/97       362    (H)   COSPONSOR(S): KELLY                               
 02/17/97              (H)   CRA AT  9:00 AM CAPITOL 124                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 JOSEPH GREEN, Representative                                                  
 Alaska State Legislature                                                      
 State Capitol, Room 118                                                       
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-4931                                                    
 POSITION STATEMENT:  Sponsor of HB 94                                         
                                                                               
 JEFF LOGAN, Staff Assistant                                                   
 Representative Joseph Green                                                   
 Alaska State Legislature                                                      
 State Capitol, Room 118                                                       
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-4931                                                    
 POSITION STATEMENT:  Testified on HB 94                                       
                                                                               
 GEORGE RAYMOND                                                                
 Cypress AMAX                                                                  
 9100 E. Mineral Circle                                                        
 Englewood, Colorado  80112                                                    
 Telephone:  (303) 643-5033                                                    
 POSITION STATEMENT:  Testified on HB 94                                       
                                                                               
 STEVE VAN SANT, State Assessor                                                
 Division of Municipal & Regional Assistance                                   
 Department of Community and Regional                                          
   Affairs                                                                     
 333 W 4th Avenue, Suite 220                                                   
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 269-4500                                                    
 POSITION STATEMENT:  Testified on HB 94                                       
                                                                               
 DAVE HEIER, Tax Audit Manager                                                 
 North Slope Borough                                                           
 3000 C Street, Suite 200                                                      
 Anchorage, Alaska  99503                                                      
 Telephone:  (907) 563-5800                                                    
 POSITION STATEMENT:  Testified on HB 94                                       
                                                                               
 PAT CARLSON, Tax Assessor                                                     
 Kodiak Island Borough                                                         
 710 Mill Bay Road                                                             
 Kodiak, Alaska  99615                                                         
 Telephone:  (907) 486-9353                                                    
 POSITION STATEMENT:  Testified on HB 94                                       
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-7, SIDE A                                                             
 Number 016                                                                    
                                                                               
 CHAIRMAN IVAN IVAN called the House Community and Regional Affairs            
 Standing Committee meeting to order at 8:04 a.m.  Members present             
 at the call to order were Representatives Ogan, Sanders and Ryan.             
 Representatives Joule, Dyson and Kookesh arrived at the respective            
 times: 8:06 a.m.; 8:07 a.m. and 8:35 a.m.                                     
 HB 94 - MUNICIPAL TAX RECORDS                                               
                                                                               
 REPRESENTATIVE JOE GREEN came forward to present an overview of HB
 94 as sponsor to this legislation.  He noted that this legislation            
 was a method of maintaining confidentiality on certain tax records            
 filed with boroughs, municipalities or state entities.  He stated             
 that there was concern among various competitive industries that              
 when members of those industries file tax returns and a tax bill              
 has been assessed, they believe this information should be                    
 maintained confidential.  This is no different from anyone's                  
 personal income tax which is also confidential.                               
                                                                               
 REPRESENTATIVE GREEN continued that the oil industries have been              
 operating under this confidentiality for quite some time, but this            
 legislation gets to non-oil related industries that are interested            
 in this protection.  He noted the potential of competitive                    
 businesses finding out what amount of taxes have been paid and on             
 what the tax was based or how the money was made to be taxed which            
 leaves a company vulnerable.                                                  
                                                                               
 REPRESENTATIVE GREEN offered to review the sectional analysis also            
 provided in the bill file which encompasses an addition of three              
 subsets to an existing tax code.  The (c) after (a) and (b) that              
 are already in the code just requires that proprietary financial              
 information acquired by a municipal assessor be held confidential             
 and that all employees or any transfer of those records to other              
 municipalities would also be treated confidential.  Section (b)               
 allows that confidentiality holds with the information as it's                
 transferred and (e) provides for civil liability of either $500 or            
 actual damages.  There is currently in law a criminal fine that               
 this is considered a class A misdemeanor.                                     
                                                                               
 Number 342                                                                    
                                                                               
 REPRESENTATIVE JOE RYAN noted that in light of the importance of              
 confidentiality, $500 didn't seem to be much of a detriment to the            
 kind of information that could give a competitive edge.  He asked             
 if they had thought of increasing this penalty.                               
                                                                               
 REPRESENTATIVE GREEN said they had given some thought to this even            
 though it's $500 or actual damages and they felt perhaps this                 
 wouldn't be a "breaking point."  Certainly he agreed that if there            
 is a corporation of any size $500 is a drop in the bucket.  On the            
 other hand, the court has the prerogative to assign what value they           
 think is the best.                                                            
                                                                               
 Number 442                                                                    
                                                                               
 REPRESENTATIVE REGGIE JOULE stated that the Board of Equalization             
 seems to be the nut to this whole legislation in light of keeping             
 information confidential.  He asked if they did not already possess           
 the ability to meet in executive session if they were to disclose             
 all of the Open Meetings Act requirements and to invite the                   
 affected parties in.  He asked if they had this ability.                      
                                                                               
 REPRESENTATIVE GREEN responded that they could do this, but it is             
 not a requirement.  What they hope to do with this legislation is             
 to make sure that this isn't a loop hole so that they may not                 
 actually go into executive session.                                           
                                                                               
 Number 496                                                                    
                                                                               
 REPRESENTATIVE JOULE asked if an affected party could request the             
 Board of Equalization to go into executive session.                           
                                                                               
 REPRESENTATIVE GREEN responded that yes, they could, but this could           
 be a sticking point with some organizations.  Executive session is            
 not anything sinister or bad, it just means they're excluding the             
 public from this particular deliberation.  What they deliberate has           
 to be a matter of public record.                                              
                                                                               
 Number 545                                                                    
                                                                               
 REPRESENTATIVE JERRY SANDERS referred to page 2, line 9, about                
 damages in the amount of $500 or actual damages resulting.  He                
 stated that this clause seemed very ambiguous.  He said he could              
 see a prosecuting lawyer interpreting this to mean whichever is the           
 largest.  He could see a defense lawyer say that this means a                 
 maximum of $500 or damages, whichever is smaller.  It could be                
 argued either way.                                                            
                                                                               
 REPRESENTATIVE GREEN deferred to his staff person, Jeff Logan, to             
 address this situation.  Representative Green's knee jerk on this             
 would be that this is a range that the court could address.                   
                                                                               
 Number 613                                                                    
                                                                               
 MR. JEFF LOGAN, Legislative Assistant, Representative Joseph Green,           
 came forward to testify on HB 94.  The language inserted in this              
 legislation states that it's liquidated damages in the amount of              
 $500 or actual damages.  The difference between the two is, if a              
 company, for example, knew that they were damaged and they went to            
 the court.  If the court said for them to prove their actual                  
 damages this standard might be too high to meet for the company               
 that was damaged.  They would have to review extensive records,               
 make price comparisons, etc.  Once it has been established that               
 they have been damaged, instead of going after the actual damages,            
 they can simply take the liquidated damages which is a lesser                 
 threshold and the liquidated damages would be $500.                           
                                                                               
 REPRESENTATIVE SANDERS said that this still did not address his               
 concern.  A defense lawyer could interpret this to mean the maximum           
 fine is $500.  If someone did choose to investigate to confirm the            
 actual damages, say for example, in the amount of $4 million, the             
 defense attorney could have the advantage of saying that the fine             
 is only for $500 as a maximum.                                                
                                                                               
 Number 733                                                                    
 MR. LOGAN pointed out that the "or" between the clause "liquidated            
 damages in the amount of $500" or "actual damages."  If the actual            
 damages were higher and the tax payer who was aggrieved sought                
 these actual damages they would have the option of either/or.                 
                                                                               
 REPRESENTATIVE SANDERS stated there was still a point to argue, but           
 he didn't want to belabor it.                                                 
                                                                               
 Number 757                                                                    
                                                                               
 REPRESENTATIVE FRED DYSON asked if the penalty they proposed to               
 assess was standard in other parts of the code.                               
                                                                               
 MR. LOGAN stated that this particular fine was taken from the                 
 Colorado statute which they based this language on.  He did say               
 that in AS 43.05.230, the statute which deals with this same type             
 of information being delivered to the Department of Revenue,                  
 allowed for a fine of $5,000.                                                 
                                                                               
 Number 808                                                                    
                                                                               
 REPRESENTATIVE DYSON noted that in Alaska there was precedent for             
 civil fines for disclosure and the $500 proposed in this                      
 legislation is less than in other situations for liquidated                   
 damages.  He then asked Representative Green if there was a group             
 of people who take exception to this legislation.                             
                                                                               
 REPRESENTATIVE GREEN said the only thing that he was aware of is              
 there may be a municipality, either because of having to go into              
 and out of executive session, may find this somewhat erroneous.  In           
 most cases, the various boroughs in the state are in favor of this            
 legislation.                                                                  
                                                                               
 Number 865                                                                    
                                                                               
 REPRESENTATIVE DYSON asked if all the affected entities had been              
 noticed effectively about this legislation.                                   
                                                                               
 REPRESENTATIVE GREEN responded that yes, they had.                            
                                                                               
 Number 880                                                                    
                                                                               
 REPRESENTATIVE IVAN asked who would conduct an executive session              
 under this legislation.                                                       
                                                                               
 REPRESENTATIVE GREEN stated that this would be the Board of                   
 Equalization.  He continued that when they meet and discuss issues            
 with another entity there may be a tendency to disclose the                   
 records.  This legislation says that if this has to happen, between           
 government agencies, that this should be done in executive session,           
 excluding the public, but not excluding those who have the right to           
 know the various required agencies who need to review these things.           
 Number 940                                                                    
                                                                               
 REPRESENTATIVE SCOTT OGAN asked what predicated the need for this             
 legislation.  What's the problem they're trying to fix?                       
                                                                               
 REPRESENTATIVE GREEN responded that under existing law there is no            
 absolute protection of proprietary data.  Tax records, various                
 profits and losses of activities, etc. which might be confidential            
 in a competing manner between various companies.  He also used the            
 example of a company which may have come up with some innovative              
 process, some streamlining method, or something which gives another           
 company a competitive edge.  This is not an effort to dupe the                
 public in any means, but to keep information confidential between             
 competing entities.                                                           
                                                                               
 Number 1040                                                                   
                                                                               
 GEORGE RAYMOND, Cypress AMAX, testified by teleconference from                
 Denver on HB 94.  One of this company's subsidiaries is AMAX Gold             
 which recently opened up the Fort Knox gold mine northeast of                 
 Fairbanks, Alaska.  Their concern in looking at property valuations           
 in Alaska, they have been caught in an honest difference of opinion           
 with the assessor in the Fairbanks area and with other people                 
 involved there.  No proprietary information has been disclosed, but           
 there are various ways that property can be valued.  One of these             
 is by the economic valuation method to arrive at a fair market                
 value and what the assessment will be.  In looking at this process            
 proprietary information is divulged, including cost basis, income,            
 etc.  Their concern is not with local officials, but with looking             
 at the statutes and so forth, they have found nothing to prevent a            
 competitor asking to see this proprietary information they are                
 required to file.                                                             
                                                                               
 MR. RAYMOND stated that most of the other states they operate in              
 have protections in place that proprietary information does not               
 have to be disclosed to people who are not authorized to see it.              
 This proposed statute in no way allows companies to not disclose              
 this information, but only to the proper authorities so an                    
 assessment can be made.  He noted the highly competitive nature of            
 mining and noted that proprietary information ought to be kept                
 confidential.                                                                 
                                                                               
 Number 1194                                                                   
                                                                               
 STEVE VAN SANT, State Assessor, Department of Community and                   
 Regional Affairs, testified by teleconference from Anchorage on HB
 94.  He stated that he thought this legislation would be a benefit            
 to the assessors because information which would not necessarily be           
 given to them because of the lack of confidentiality or the ability           
 to keep it confidential could come into play, not that it                     
 necessarily would.  He understood Mr. Raymond's position that some            
 of this information cannot be kept confidential.  He saw this                 
 legislation as being a help to most of the offices.                           
                                                                               
 MR. VAN SANT stated that this legislation did not include the sale            
 prices of any property because this is the basis of all valuation.            
 This legislation is not intended to include this sale price and he            
 stated so for the record.                                                     
                                                                               
 Number 1280                                                                   
                                                                               
 REPRESENTATIVE GREEN said this was correct and noted that what they           
 would hold confidential would be a lot of the economic information,           
 the sales price of a property would be a matter of public record.             
                                                                               
                                                                               
 REPRESENTATIVE RYAN noted that if the sale price of the property is           
 a basis for establishing valuation then what business is it of the            
 government for any other information.  He asked why they would be             
 asking for any other information.                                             
                                                                               
 Number 1314                                                                   
                                                                               
 MR. VAN SANT stated that all properties don't sell.  What the                 
 assessor uses are those properties that do sell as a guide to what            
 other properties may go for.  An assessor basically has three                 
 approaches which he can use to come up with market value.  One is             
 the cost approach, one is a market approach and one is the income             
 approach.  Typically, with the property they are talking about                
 here, mining property, there are very few mines that sell                     
 especially in Alaska, so they will have little information                    
 available.  The assessor in those cases will use the cost and                 
 income approach.  This would help derive the estimated value of               
 this operation.  What they are talking about is other properties,             
 such as residential.  If there are ten houses in a subdivision                
 selling for $100,000 and they're all similar, it is pretty easy to            
 predict that the next house built will also sell for $100,000.                
 They just want to make sure that these sales prices are not kept              
 confidential.                                                                 
                                                                               
 REPRESENTATIVE RYAN asked to clarify, that if he had a piece of               
 fallow property and it has one value, but as soon as he makes a               
 discovery on it such as oil or a mineral, the borough is entitled             
 to benefit from this discovery by assessing the property at a                 
 higher rate.                                                                  
                                                                               
 MR. VAN SANT stated that, no, when they talk about property tax,              
 they are talking about the value of the property.  The resources in           
 place are exempt by statute right now.                                        
                                                                               
 Number 1480                                                                   
                                                                               
 DAVE HEIER, Tax Audit Manager, North Slope Borough, testified by              
 teleconference from Anchorage on HB 94.  His comments went                    
 specifically to the Board of Equalization portion of this                     
 legislation.  He believed that the Board of Equalization should be            
 a public hearing.  Currently, the board can only go into executive            
 session to discuss personnel matters or lawsuits which may damage             
 or take money from the affected municipality.  There is no way for            
 this board to go into executive session to discuss an appeal                  
 matter.  He agrees with the bill on the basis that all the                    
 information given to the assessor at this level should be                     
 confidential.  At the time that the tax payer decides to appeal the           
 value which the assessor has come up with, he also thinks that the            
 Board of Equalization hearing should be a public hearing.                     
                                                                               
 Number 1553                                                                   
                                                                               
 PAT CARLSON, Assessor, Kodiak Island Borough testified by                     
 teleconference from Kodiak on HB 94.  He stated that he was in                
 agreement with this concept.  It has always been frustrating to               
 him, in fact, he's told people "don't give me that information, if            
 you do, it's public."  He said there was a degree of protection               
 needed in this legislation.  They've tried to address this locally            
 a number of times.  He said he'd like to see this expanded to                 
 include personal property renditions, the itemized asset listings             
 which they receive in their office to reflect the actual costs, the           
 value, and other information which is proprietary also.  He agreed            
 with Mr. Heier.                                                               
                                                                               
 MR. CARLSON stated that as a public official he has an obligation             
 to keep this information confidential in determining the                      
 assessment, but he said he would be concerned if they unfairly                
 restricted the Board of Equalization from having this authority to            
 make this determination as to whether or not they should hold a               
 public hearing.  He said he would like to at least see them have              
 the option of either holding a public hearing or go into executive            
 session if they determined that the information is sufficiently               
 propriety that it would cause harm to a company.                              
                                                                               
 Number 1625                                                                   
                                                                               
 REPRESENTATIVE SANDERS stated that after re-reading this                      
 legislation he felt strongly that there should be an amendment                
 included to make this penalty "$500 or actual damages, whichever is           
 greater."  He said he'd like to suggest this and moved an amendment           
 that on line 9, page 2, where it says, "damages in the amount of              
 $500 dollars or actual damages" to add the clause, "whichever is              
 greater resulting from the disclosure."                                       
                                                                               
 REPRESENTATIVE OGAN objected to this amendment for discussion                 
 purposes.  He asked if they were basically creating a situation               
 where someone in their official capacity is liable for these fines,           
 such as a clerk working in an assessor's office who might                     
 inadvertently release confidential information and he then                    
 referenced the section of the bill which addressed this.                      
 Number 1848                                                                   
                                                                               
 MR. LOGAN responded that public employees in this situation are               
 generally indemnified from this type of personal liability.  If a             
 clerk makes an error, they're not going to take their bank account            
 away.                                                                         
                                                                               
 REPRESENTATIVE OGAN noted that the language in this legislation               
 says, "may recover from the official or employee liquidated damages           
 in the amount of $500 or actual damages."  He clarified that Mr.              
 Logan was saying that, for example, a borough would pay this fine,            
 even though it says employee or official.                                     
                                                                               
 MR. LOGAN stated that yes, this was the case.                                 
                                                                               
 Number 1893                                                                   
                                                                               
 REPRESENTATIVE OGAN asked Mr. Logan to cite the reference outlined            
 in statute which presently exists.  He asked if this was a                    
 generally accepted principal, in regards to employee                          
 indemnification.                                                              
                                                                               
 MR. LOGAN stated that he couldn't cite it presently, but he could             
 certainly get this very quickly.                                              
                                                                               
 REPRESENTATIVE GREEN noted that it was much like being a                      
 representative, if he is personally attacked for something he has             
 done, the representative has indemnity through the state.                     
                                                                               
 Number 1916                                                                   
                                                                               
 REPRESENTATIVE OGAN removed his objection to the amendment.                   
                                                                               
 Number 1923                                                                   
                                                                               
 REPRESENTATIVE DYSON clarified the intent of the wording placed in            
 this bill allowing a company that might be harmed, a minimal                  
 penalty against an abuser in order to send the signal that this               
 infraction was serious business, but to allow the injured party to            
 not have to go through a laborious process of trying to determine             
 their damages.  He asked if this proposed amendment would do damage           
 to these intentions.                                                          
                                                                               
 MR. LOGAN stated that, yes, this was the intent, to give the                  
 aggrieved party an option.  The way he read the language of                   
 liquidated damages in the amount of $500 or actual damages,                   
 whichever is greater, if this means that the tax payer does not               
 have an option, then this could be problematic.  It could mean that           
 the company might decide to go through this procedure of proving              
 there were actual damages which might cost more than the damage               
 itself.  He noted that this company would have to go through                  
 corporate records, do comparisons, hire a consultant, an attorney,            
 an accountant, etc.  The company may opt to take the default which            
 would be liquidated damages.                                                  
                                                                               
 Number 1998                                                                   
                                                                               
 REPRESENTATIVE GREEN stated that there could be cases where, "yes,            
 we could bring in some records as a company and show that there               
 were damages in the tens of thousands of dollars, but they're                 
 talking about a $1 million operation here and is it really the best           
 interest of the mine to go for $2,000, $3,000 or $4,000 as opposed            
 to the $500 which is set there to make people aware that this is              
 serious, don't do it.  There's a minimum penalty here, but to go              
 for significantly, more there's always the concern of bias and                
 irritation, that sort of thing.  That it isn't worth it in a public           
 interest or public P.R. to actually go for several thousand more              
 dollars, unless there were millions of dollars because of a                   
 competitor getting some very critical information, then they're               
 talking about really large bucks.  Then this would allow that                 
 opportunity and in which case the company may want to do that."               
                                                                               
 REPRESENTATIVE DYSON said he assumed that the aggrieved party would           
 have to go through their records to establish the actual damage,              
 the results of which could be subject to examination by the                   
 defense.                                                                      
                                                                               
 Number 2080                                                                   
                                                                               
 MR. RAYMOND stated, as a practical matter, if a clerk was                     
 responsible for disclosing information erroneously, they would not            
 require them to pay damages out of their own resources for a multi-           
 million dollar situation.  He said that he has been with AMAX since           
 1968, and the company has not been in the habit of suing people               
 knowing that they couldn't collect anything from them.  The bill              
 with a $500 penalty makes people more conscious and puts the burden           
 on them to be more careful by not disclosing information.  If a               
 situation does become litigious, the parties might have to disclose           
 more information than was disclosed originally.  This would                   
 certainly weigh in as a consideration.                                        
                                                                               
 MR. RAYMOND addressed the question about the Board of Equalization            
 and whether they would have to go into executive session.  It                 
 seemed to him that if there was an honest disagreement over                   
 property valuation and this issue does go to the board, but this              
 board is not required to keep proprietary information confidential,           
 then this defeats the purpose of this bill.  Again, the purpose of            
 this bill is not that they're trying to be protected from divulging           
 information.  If someone knows that their information will be                 
 confidential, they'd probably be more inclined to divulge more                
 information.  The mining business today is highly competitive.                
 Their concern is that this proprietary information remains as                 
 confidential as possible, that competitive companies cannot peruse            
 cost information and any kind of information submitted in                     
 determining property tax.  This legislation is not in any way meant           
 to hinder the proper enforcement of tax laws and/or the proper                
 officials getting all the information which they need to make a               
 proper assessment.                                                            
                                                                               
 Number 2206                                                                   
                                                                               
 REPRESENTATIVE GREEN commented that he understood where                       
 Representative Sanders was going with his concerns.  He certainly             
 subscribes to this concept, but his only concern is that, "if it's            
 still left as an either/or and that there's no question in a                  
 judge's mind as Representative Sander's has brought up, as long as            
 that's an option, I think - I wouldn't have any problem with this.            
 And I guess that whatever, there would be I think, we've already              
 heard there would be probably something of a large gap between some           
 small fine that says 'hey, you goofed up inadvertently, or this was           
 malicious and it was extremely costly' and then they would probably           
 go for the (indisc.).  Even then, as you heard from AMAX, they may            
 be would still have to disclose even more than was already                    
 disclosed in order to win the $5,000 or $10,000 which may not be to           
 their best interest."                                                         
                                                                               
 REPRESENTATIVE SANDERS again outlined his suggested language change           
 and noted that an option should be given to those entities who want           
 assurances that they can sue for actual damages if an exorbitant              
 amount of money was lost.                                                     
                                                                               
 Number 2340                                                                   
                                                                               
 REPRESENTATIVE IVAN noted that if a situation concerning this issue           
 became litigious, a court could determine actual damages if                   
 necessary without changing the actual language.                               
                                                                               
 REPRESENTATIVE GREEN agreed.  He was afraid that additional                   
 language might confuse the issue and suggested maybe raising the              
 amount of $500 to add more caution.                                           
                                                                               
 Number 2371                                                                   
                                                                               
 REPRESENTATIVE IVAN also made note to language on page 2, line 7,             
 "in addition to other remedies," and interpreted this to mean that            
 a person could seek other options to make a situation equitable.              
 He felt as though this language sufficed enough for a company to              
 seek damages.                                                                 
                                                                               
 MR. LOGAN said that he spoke to the drafter about this language and           
 it was their way of putting a "belt and suspenders" on this                   
 legislation.                                                                  
                                                                               
 TAPE 97-7, SIDE B                                                             
 Number 005                                                                    
                                                                               
 MR. RAYMOND stated that he was a lawyer by training.  He said the             
 addition, as he understood it, the language "whichever is greater,"           
 removes any doubt.  He personally thought the section initially               
 read clearly enough, but this addition would clarify the intent               
 without diminishing the other part of the clause.  About the issue            
 of other remedies, he stated somebody could go to court in order to           
 obtain an injunction or court order if need be, for example.                  
                                                                               
 REPRESENTATIVE IVAN called an at ease and went off record at 8:55             
 a.m. and came back on record at 9:00 a.m.                                     
                                                                               
 Number 106                                                                    
                                                                               
 MR. RAYMOND summarized his comments which took place during the at            
 ease.  He felt the addition of the language "whichever is greater"            
 clarifies and removes any doubt that the $500 might be a maximum              
 amount.  He also does not think this places a burden or obligation            
 on someone to prove actual damages.  There is still an option for             
 a person to either take liquidated damages at $500 without showing            
 any proof other than the information was disclosed improperly or if           
 there are large damages and they want to pursue this, this language           
 would allow them to do so without a cap of $500 being placed upon             
 them.                                                                         
                                                                               
 Number 148                                                                    
                                                                               
 REPRESENTATIVE GREEN stated that he was concerned that adding this            
 language would lead the court into requiring an aggrieved part to             
 come in and open their records, which this is just the opposite of            
 what this bill's intent is.   He certainly subscribes to the fact             
 that this committee thought the $500 was not enough and suggested             
 an increase of $1000 instead.  Representative Green stated that               
 their attorney had said they should hold off on the amendment in              
 order to get a better reading on it.  He said he was not sure why,            
 but the legislative counsel advised that they don't accept the                
 amendment.                                                                    
                                                                               
 Number 199                                                                    
                                                                               
 REPRESENTATIVE SANDERS stated that he would like to further amend             
 his suggested amendment and this would be to increase the minimum             
 damages from $500 to $1000.  This would mean that at page 2, line             
 9, would read, "damages in the amount of $1,000 or actual damages,            
 whichever is greater resulting from the disclosure."  Hearing no              
 objection to this revised amendment it was so ordered.                        
                                                                               
 REPRESENTATIVE DYSON made a motion to delay this amendment until              
 legislative legal is able to review it.  Hearing no objection it              
 was so ordered.                                                               
                                                                               
 Number 328                                                                    
                                                                               
 REPRESENTATIVE GREEN said he would have this information by their             
 next scheduled meeting.                                                       
 ADJOURNMENT                                                                   
                                                                               
 Number 372                                                                    
                                                                               
 REPRESENTATIVE IVAN adjourned the meeting at 9:05 a.m.                        
                                                                               

Document Name Date/Time Subjects