Legislature(2009 - 2010)HOUSE FINANCE 519

04/07/2009 01:30 PM House FINANCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 2:20 pm Today --
*+ HB 214 GRANT AUTHORITY FOR AIR QUALITY TELECONFERENCED
Moved Out of Committee
+ HB 64 GIFT CARDS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 7, 2009                                                                                            
                         2:24 p.m.                                                                                              
                                                                                                                                
2:24:05 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stoltze  called the House Finance  Committee meeting                                                                   
to order at 2:24 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Mike Hawker, Co-Chair                                                                                            
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas Jr., Vice-Chair                                                                                      
Representative Allan Austerman                                                                                                  
Representative Harry Crawford                                                                                                   
Representative Anna Fairclough                                                                                                  
Representative Richard Foster                                                                                                   
Representative Les Gara                                                                                                         
Representative Reggie Joule                                                                                                     
Representative Mike Kelly                                                                                                       
Representative Woodie Salmon                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None.                                                                                                                           
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Marit   Carlson   Van   Dort,  Special   Assistant   to   the                                                                   
Commissioner,   Department  of  Environmental   Conservation;                                                                   
Representative Carl  Gatto; Rachel Lewis,  Unclaimed Property                                                                   
Section, Tax Division, Department  of Revenue; Sandra Wilson,                                                                   
Staff, Representative Gatto.                                                                                                    
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Alice Edwards, Acting Director, Division of Air Quality.                                                                        
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 214    "An    Act    authorizing   the    Department    of                                                                   
          Environmental Conservation  to award grants for the                                                                   
          control  of air  emissions or  the development  and                                                                   
          administration  of  air quality  control  programs;                                                                   
          and providing for an effective date."                                                                                 
                                                                                                                                
          HB 214 was REPORTED out of Committee with a "do                                                                       
          pass" recommendation and with a new zero fiscal                                                                       
          note from the Department of Environmental                                                                             
          Conservation.                                                                                                         
                                                                                                                                
HB 64     "An Act relating to gift certificates and gift                                                                        
          cards, and to unclaimed property; and making a                                                                        
          violation of certain gift card prohibitions an                                                                        
          unlawful trade practice."                                                                                             
                                                                                                                                
          HB 64 was HEARD and HELD in Committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
2:24:51 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 214                                                                                                            
                                                                                                                                
     "An  Act  authorizing the  Department  of  Environmental                                                                   
     Conservation  to award  grants  for the  control of  air                                                                   
     emissions or  the development and administration  of air                                                                   
     quality   control  programs;   and   providing  for   an                                                                   
     effective date."                                                                                                           
                                                                                                                                
Co-Chair  Hawker   commented  that   HB  214  resulted   from                                                                   
conversations of the economic  stimulus package. He explained                                                                   
that  $2 million  could  be available  to  the Department  of                                                                   
Environmental  Conservation (DEC)  for grant  awards for  air                                                                   
emissions development  and air quality control  programs. The                                                                   
Department  of  Environmental  Conservation has  had  limited                                                                   
participation in  the program in  the past. The  new stimulus                                                                   
money creates  a competitive grant program that  would extend                                                                   
to  municipalities.  House  Bill  214  provides  the  generic                                                                   
authority to issue grants, subject to appropriation.                                                                            
                                                                                                                                
2:26:59 PM                                                                                                                    
                                                                                                                                
Representative Austerman noted  that HB 214 also provides the                                                                   
department with blanket authority when necessary.                                                                               
                                                                                                                                
Representative  Kelly read from  the sponsor statement,  "The                                                                   
authority  is  needed  so  that   DEC  can  distribute  funds                                                                   
available  through  the  Air  Quality  Grant-Diesel  Emission                                                                   
Reduction program  in the American Recovery  and Reinvestment                                                                   
Act   (AARA)  of   2009."  He   believed  there   to  be   an                                                                   
inconsistency between the bill and sponsor statement.                                                                           
                                                                                                                                
2:28:23 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hawker  acknowledged  that  the  wording  could  be                                                                   
clarified. He  explained that authority is necessary  for the                                                                   
department to distribute funds  through the stimulus package,                                                                   
but the authority is not limited to the package.                                                                                
                                                                                                                                
Representative  Kelly   maintained  that  the   language  was                                                                   
inconsistent.                                                                                                                   
                                                                                                                                
2:29:15 PM                                                                                                                    
                                                                                                                                
ALICE  EDWARDS, ACTING  DIRECTOR,  DIVISION  OF AIR  QUALITY,                                                                   
DEPARTMENT  OF   ENVIORMENTAL  CONSERVATION,   testified  via                                                                   
teleconference, that the legislation  authorizes the Division                                                                   
of  Air  Quality  to award  grants  related  to  air  quality                                                                   
control  programs to  communities  and others  entities.  The                                                                   
statutory  authority  could  be used  for  sub-grant  funding                                                                   
received from the Environmental  Protection Agency (EPA). The                                                                   
department  receives   EPA  grant  funds  for   programs  and                                                                   
projects to  reduce air pollutants  from emissions  of diesel                                                                   
engines.  The  new authority  allows  the division  to  grant                                                                   
funds to municipalities  for local diesel  emission reduction                                                                   
programs. She  remarked that directly funding  local programs                                                                   
and   projects  through   the  granting   program  would   be                                                                   
efficient,  and allow  more  flexibility  in distribution  of                                                                   
funds to Alaska's communities.                                                                                                  
                                                                                                                                
2:31:03 PM                                                                                                                    
                                                                                                                                
Representative Fairclough asked  if the division would create                                                                   
a  new  position  to oversee  the  broadened  authority.  Ms.                                                                   
Edwards replied no.                                                                                                             
                                                                                                                                
Representative  Kelly  asked  how  the  cases  are  currently                                                                   
handled. Ms. Edwards  remarked that the division  looked into                                                                   
agreements with other state agencies  for different projects,                                                                   
exploring the  use of the  procurement process  to distribute                                                                   
funds,  she emphasized  that the  granting  process would  be                                                                   
more efficient.                                                                                                                 
                                                                                                                                
2:32:04 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze closed public testimony.                                                                                       
                                                                                                                                
Representative  Kelly   questioned  if  the  $2   million  in                                                                   
stimulus  funds   was  contingent  on  the   passing  of  the                                                                   
legislation.                                                                                                                    
                                                                                                                                
2:33:13 PM                                                                                                                    
                                                                                                                                
Representative  Co-Chair Hawker  replied that  the Office  of                                                                   
Management and  Budget with  the Department of  Environmental                                                                   
Conservation  have  identified  the program  as  a  statutory                                                                   
necessity.                                                                                                                      
                                                                                                                                
2:33:42 PM                                                                                                                    
                                                                                                                                
MARIT   CARLSON   VAN   DORT,  SPECIAL   ASSISTANT   TO   THE                                                                   
COMMISSIONER,     LEGISLATIVE    LIASON,    DEPARTMENT     OF                                                                   
ENVIRONMENTAL  CONSERVATION, reiterated  that the  additional                                                                   
granting authority is needed to  best use the stimulus funds.                                                                   
She added that  the funds could be distributed  through other                                                                   
methods, but this method would be the most efficient.                                                                           
                                                                                                                                
Representative  Kelly expressed his  desire that the  bill be                                                                   
limited to the purpose identified in the sponsor statement.                                                                     
                                                                                                                                
2:35:43 PM                                                                                                                    
                                                                                                                                
Representative  Fairclough  questioned   the  possibility  of                                                                   
limiting  the  authority to  ARRA  2009 funding  rather  than                                                                   
giving  total grant authority.  She believed  there would  be                                                                   
cost to  the state  to rewrite  regulations for grant  giving                                                                   
authority. She wondered  if the state would  be in compliance                                                                   
if it only  allowed the granting  of the ARRA 2009  money, as                                                                   
opposed to  the full amount.  Co-Chair Hawker  explained that                                                                   
after discussions with the involved  departments, it was felt                                                                   
that  continued  authority  was necessary  for  the  existing                                                                   
program to operate more efficiently.                                                                                            
                                                                                                                                
Representative  Fairclough asked  Ms. Edwards  how the  grant                                                                   
process is  currently run, without  the grant  authority. Ms.                                                                   
Edwards explained  that the grant program is  new. She listed                                                                   
several entities that the department has been working with.                                                                     
                                                                                                                                
2:38:52 PM                                                                                                                    
                                                                                                                                
Representative  Fairclough  requested  a dollar  amount.  Ms.                                                                   
Edwards reported  that the initial grant for  the program was                                                                   
$295,000.  Representative  Fairclough   asked  how  long  the                                                                   
program had been  in existence. Ms. Edwards  replied that the                                                                   
first grant was received in the fall of 2008.                                                                                   
                                                                                                                                
2:39:31 PM                                                                                                                    
                                                                                                                                
Representative Kelly  maintained his concern in  granting the                                                                   
department  more  authority.   He  questioned  the  level  of                                                                   
importance, at this time, of allowing  the department ongoing                                                                   
authority when deciding the use of the stimulus dollars.                                                                        
                                                                                                                                
2:40:12 PM     AT EASE                                                                                                        
2:40:48 PM     RECONVENED                                                                                                     
                                                                                                                                
Co-Chair  Hawker  entered  into  record  an  email  from  the                                                                   
Division of  Administrative Services  with the Department  of                                                                   
Environmental   Conservation  (DEC)   (copy  on  file.)   The                                                                   
language in  this bill  is exactly  verbatim as requested  by                                                                   
ADEC  concerning   the  grant  authority.  He   stressed  the                                                                   
importance of committee support of the bill.                                                                                    
                                                                                                                                
Representative   Kelly  understood   that   DEC  needed   the                                                                   
authority to issue  the stimulus money. His  concern was with                                                                   
the  request   for  additional  authority.  He   wondered  if                                                                   
language  could  be  written  into  the  bill  to  limit  the                                                                   
department's grant authority to the stimulus dollars.                                                                           
                                                                                                                                
2:42:15 PM                                                                                                                    
                                                                                                                                
Vice-Chair Thomas remarked that  often small villages are out                                                                   
of  compliance and  cannot  receive grant  applications.  The                                                                   
bill would  allow rural  communities to  work through  DEC to                                                                   
obtain   grant  monies.   He  believed   that  allowing   the                                                                   
department the  grant authority would be beneficial  to rural                                                                   
village communities.                                                                                                            
                                                                                                                                
2:43:46 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  reported on  the zero fiscal  note attached                                                                   
to the bill.                                                                                                                    
                                                                                                                                
Co-Chair Hawker MOVED to report  HB 214 out of Committee with                                                                   
individual recommendations and  the accompanying fiscal note.                                                                   
                                                                                                                                
Representative Kelly OBJECTED.                                                                                                  
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Crawford,   Fairclough,   Joule,  Salmon,   Thomas,                                                                   
          Austerman, Stoltze, Hawker                                                                                            
OPPOSED: Foster, Kelly                                                                                                          
                                                                                                                                
Representative Gara was absent from the vote.                                                                                   
                                                                                                                                
The MOTION PASSED (8-2).                                                                                                        
                                                                                                                                
HB  214  was REPORTED  out  of  Committee  with a  "do  pass"                                                                   
recommendation  and with  a  new zero  fiscal  note from  the                                                                   
Department of Environmental Conservation.                                                                                       
                                                                                                                                
2:45:35 PM                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 64                                                                                                             
                                                                                                                                
     "An Act  relating to gift  certificates and  gift cards,                                                                   
     and  to unclaimed  property; and  making a violation  of                                                                   
     certain  gift   card  prohibitions  an   unlawful  trade                                                                   
     practice."                                                                                                                 
                                                                                                                                
REPRESENTATIVE CARL  GATTO, read from House Bill  64, Page 4,                                                                   
Section  4, lines  8-12 (copy  on file). The  bill defines  a                                                                   
gift card as:                                                                                                                   
                                                                                                                                
     a device that  is useable up to its face  amount instead                                                                   
     of  cash  in  exchange for  goods  or  services,  except                                                                   
     telephone  services,  supplied  by  a  seller;  in  this                                                                   
     subsection,  "device" includes  an electronic  card, but                                                                   
     does not  mean an access  number or authorization  code,                                                                   
     whether  manually  or  electronically  dialed,  to  make                                                                   
     calls.                                                                                                                     
                                                                                                                                
The purpose  of the bill is  to protect gift  card purchasers                                                                   
from access or  dormancy fees attached to the  card. The bill                                                                   
requires gift cards  to retain their full value  for the life                                                                   
of the card, which  the state has defined as 3  years. At the                                                                   
end of the  3 year period, the  card would be turned  over to                                                                   
the state as unclaimed property.                                                                                                
                                                                                                                                
RACHEL  LEWIS,   UNCLAIMED  PROPERTY  SECTION   MANAGER,  TAX                                                                   
DIVISION,  DEPARTMENT  OF REVENUE,  reported  that  currently                                                                   
unclaimed  property is  turned  over to  the  state for  gift                                                                   
certificates. This  bill clarifies  that the term  gift cards                                                                   
and    gift   certificates    are    used    interchangeably.                                                                   
Approximately  $100,000  in  unclaimed  gift cards  has  been                                                                   
turned  over  to the  department  in  the  last 5  years,  by                                                                   
approximately 1900 people within the state of Alaska.                                                                           
                                                                                                                                
2:49:02 PM                                                                                                                    
                                                                                                                                
Representative  Austerman asked  how  this legislation  would                                                                   
affect stores  that currently issue paper  gift certificates.                                                                   
Ms.  Lewis remarked  that it  would  depend on  how the  gift                                                                   
certificate  is issued.  As she interpreted  the language  of                                                                   
the bill, individual  retailer's gift certificates  are still                                                                   
included  as  unclaimed  property.  Representative  Austerman                                                                   
asked if it is  under definition in this bill  that gift card                                                                   
and  gift  certificate   are  to  be  used   interchangeably.                                                                   
Representative Gatto referred  to page 1, line 5 of the bill,                                                                   
which  substitutes the  word cards  and deletes  certificate.                                                                   
Representative  Austerman maintained  his  concern that  gift                                                                   
certificates be  protected by the bill.  Representative Gatto                                                                   
replied  that Legislative  Legal  Services  has advised  that                                                                   
gift cards and gift certificates are interchangeable terms.                                                                     
                                                                                                                                
2:50:30 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze pointed  out  that the  title  of the  bill                                                                   
refers to both gift cards and gift certificates.                                                                                
                                                                                                                                
Representative  Gatto maintained  that  the terms  are to  be                                                                   
used interchangeably.  He noted  that some promotional  gifts                                                                   
are  called gift  cards.  He cited  coffee  cards, which  are                                                                   
donated by the vendor, and have a definite expiration date.                                                                     
                                                                                                                                
2:51:48 PM                                                                                                                    
                                                                                                                                
Representative Austerman  felt that the language  of the bill                                                                   
was open to misinterpretation.                                                                                                  
                                                                                                                                
Representative   Kelly  echoed   Representative   Austerman's                                                                   
concerns. He  read from page 4,  line 8. He  wondered whether                                                                   
traditional paper gift certificates  purchased as gifts would                                                                   
be protected under the bill.                                                                                                    
                                                                                                                                
2:53:45 PM                                                                                                                    
                                                                                                                                
SANDRA  WILSON,  STAFF, REPRESENTATIVE  GATTO,  replied  that                                                                   
when the  bill was drafted  the names  were meant to  be used                                                                   
interchangeably. She stated that  the more commonly used term                                                                   
is gift card.                                                                                                                   
                                                                                                                                
Representative  Kelly wondered if  expiration dates  for gift                                                                   
certificates would become obsolete under the bill.                                                                              
                                                                                                                                
2:54:56 PM                                                                                                                    
                                                                                                                                
Ms. Wilson replied  that expiration dates would  no longer be                                                                   
allowed, but issuance dates would be required.                                                                                  
                                                                                                                                
Co-Chair   Stoltze  queried   how   the  unclaimed   property                                                                   
department would handle paper certificates.                                                                                     
                                                                                                                                
Ms.  Lewis   explained   that  when  gift   cards  and   gift                                                                   
certificates are sold, a liability  is created on the issuing                                                                   
business'  account. She  detailed  the variety  of ways  that                                                                   
businesses track card balances.                                                                                                 
                                                                                                                                
2:56:37 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze wondered  about cards  that are donated  to                                                                   
charities and  non-profits. He asked if an  accounting system                                                                   
would need to  be created to differentiate that  the card had                                                                   
been donated,  in order to qualify  for a tax  exemption. Ms.                                                                   
Lewis  assumed that  the business  would  recognize that  the                                                                   
card had been  donated and that no income had  been received.                                                                   
She  related  methods  businesses may  use  to  differentiate                                                                   
between  donated and  regularly  purchased  cards. She  added                                                                   
that the charity  on the receiving end of the  donation could                                                                   
not report the  card as unclaimed property because  money had                                                                   
not been exchanged.  She continued that the  same rules apply                                                                   
to  the  person  buying  the donated  card  at  a  charitable                                                                   
auction.  Co-Chair  Stoltze  expressed  confusion  concerning                                                                   
donated  gift cards.  Ms. Lewis  explained  that the  donated                                                                   
cards/certificates  are exempt  from the legislation  because                                                                   
they  were  not  initially  purchased  at  full  face  value.                                                                   
Promotional items  and charitable donations are  not included                                                                   
in the language of the bill.                                                                                                    
                                                                                                                                
2:59:55 PM                                                                                                                    
                                                                                                                                
Representative  Fairclough felt that  excluding card  fees in                                                                   
perpetuity  would  cause  businesses  significant  accounting                                                                   
challenges. She expressed support  for the bill's intent, but                                                                   
felt the  cards should  have dates  of expiration printed  on                                                                   
them.                                                                                                                           
                                                                                                                                
Representative  Joule commented  that gift  cards are  seldom                                                                   
used   in  small   communities.   He  stated   that   smaller                                                                   
communities   use    traditional   gift   certificates    for                                                                   
fundraising purposes,  and he hoped that the  language of the                                                                   
bill would address the donated paper gift certificates.                                                                         
                                                                                                                                
3:02:19 PM                                                                                                                    
                                                                                                                                
Ms. Wilson  informed the committee  that gift cards  that are                                                                   
donated are exempt from the legislation in the bill.                                                                            
                                                                                                                                
Co-Chair  Hawker requested  further clarification  concerning                                                                   
donated  cards. Ms.  Wilson referred  to  page 3,  subsection                                                                   
(c),  which addresses  donations to  nonprofit or  charitable                                                                   
organizations for fundraising  purposes. Co-Chair Hawker felt                                                                   
that the chain of title could  be broken without the vendor's                                                                   
knowledge.  He expressed  concern  that the  vendor would  be                                                                   
mandated   to  maintain   liability  on   their  records   in                                                                   
perpetuity.  He wondered  if the person  who purchases,  then                                                                   
donates  the card,  could be  responsible  for informing  the                                                                   
vendor of the break in the title chain.                                                                                         
                                                                                                                                
3:05:16 PM                                                                                                                    
                                                                                                                                
Ms.  Wilson replied  that as  the law  currently stands,  the                                                                   
unclaimed  portion  of  the  card  must  be  turned  over  to                                                                   
unclaimed  property  after 3  years.   Co-Chair  Hawker  felt                                                                   
that,  regardless  of  the zero  fiscal  note,  the  forensic                                                                   
accounting issues  that would be  created by the  tracking of                                                                   
the  chain  of  title  for  turned   in  cards  would  be  an                                                                   
overwhelming financial challenge to the department.                                                                             
                                                                                                                                
3:07:03 PM                                                                                                                    
                                                                                                                                
Ms.  Lewis responded  that  the department  already  receives                                                                   
unclaimed  property for  cards.  The bill  is meant  to be  a                                                                   
consumer protection  item from  service fees,  administrative                                                                   
fees, and latency fees.                                                                                                         
                                                                                                                                
3:07:57 PM                                                                                                                    
                                                                                                                                
Representative  Crawford gave  an example  where a $100  gift                                                                   
card is purchased at COSTCO for  $79.00, as a special deal to                                                                   
members. He wondered how the card  would be treated under the                                                                   
bill. Mr. Lewis  replied that discounted cards  were excluded                                                                   
from  the bill.  Representative Crawford  contended that  the                                                                   
discounted  card  should retain  the  value  of the  purchase                                                                   
price.                                                                                                                          
                                                                                                                                
3:09:44 PM                                                                                                                    
                                                                                                                                
Ms. Wilson  explained that if  the gift card can  be redeemed                                                                   
at only one retailer, it is covered under the bill.                                                                             
                                                                                                                                
3:10:55 PM                                                                                                                    
                                                                                                                                
Representative  Gara  referred  to  page  3,  line  7,  which                                                                   
applies to  gift card  face value. He  questioned if  the law                                                                   
applied  to the  face value  of  the card  regardless of  the                                                                   
amount paid for the card. He wondered  if the vendor would be                                                                   
allowed  to deduct  fees from  the stored value  of the  card                                                                   
once it had been  used and was less than face  value. He felt                                                                   
that there should be language  in the bill that would address                                                                   
the issue.                                                                                                                      
                                                                                                                                
3:12:27 PM                                                                                                                    
                                                                                                                                
Representative Gatto  replied that the intent of  the bill is                                                                   
to speak  to the  residual value  of the  card. He  explained                                                                   
that the  cards expire  at the  end of  3 years. While  their                                                                   
value does exist  in perpetuity, after 3 years,  it exists in                                                                   
the management of unclaimed property.                                                                                           
                                                                                                                                
3:13:47 PM                                                                                                                    
                                                                                                                                
Representative Gara understood  that the issuing of cards can                                                                   
be an accounting strain for businesses.  He expressed support                                                                   
for the intent of the bill.                                                                                                     
                                                                                                                                
3:15:11 PM                                                                                                                    
                                                                                                                                
Representative  Austerman   understood  that   the  unclaimed                                                                   
balance on a card  must be turned over, by the  vendor, after                                                                   
3 years from the issuance date. Ms. Lewis agreed.                                                                               
                                                                                                                                
3:15:41 PM                                                                                                                    
                                                                                                                                
Representative  Fairclough   asked  if  the   unclaimed  card                                                                   
balances are turned in annually. Ms. Lewis replied yes.                                                                         
                                                                                                                                
Co-Chair Stoltze  asked if the account information  is turned                                                                   
in  directly to  the department.  Ms. Lewis  answered in  the                                                                   
affirmative.                                                                                                                    
                                                                                                                                
Representative  Fairclough  asked  if  the  department  could                                                                   
provide a list of businesses that  annually turn over revenue                                                                   
to  the department.  Ms.  Lewis replied  that  this could  be                                                                   
done.                                                                                                                           
                                                                                                                                
3:16:39 PM                                                                                                                    
                                                                                                                                
Ms. Lewis  shared that  there are  over 3,000 companies  that                                                                   
report  unclaimed  property.  She  said  that  currently  the                                                                   
department has 1,900 unclaimed cards totaling $100,000.                                                                         
                                                                                                                                
3:17:24 PM                                                                                                                    
                                                                                                                                
Representative  Fairclough  asked if  the  department had  an                                                                   
auditing system for  the accounts. She wondered  if the cards                                                                   
that she  has personally  gifted or  received, and  that have                                                                   
expired, are on the departmental  list of unclaimed property.                                                                   
Ms. Lewis  replied that  any unclaimed  property over  $25 is                                                                   
listed on www.missingmoney.com.                                                                                                 
                                                                                                                                
3:18:12 PM                                                                                                                    
                                                                                                                                
Vice-Chair Thomas  asked what happens to the  unclaimed money                                                                   
on the  cards. Ms.  Lewis replied  that it  should go  to the                                                                   
state's  unclaimed  property  fund,  although  that  may  not                                                                   
always be the  case. Vice-Chair Thomas wondered  why that was                                                                   
not always the case. Ms. Lewis  replied that the departmental                                                                   
resources to enforce compliance are limited.                                                                                    
                                                                                                                                
3:19:11 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  asked if  the issuance of  gift cards  is a                                                                   
stable, growing aspect of the  retail economy. Representative                                                                   
Gatto believed  that it is  growing substantially.  He stated                                                                   
that  gift  cards  are  an excellent  system  for  banks  and                                                                   
lending institutions to enhance revenue.                                                                                        
                                                                                                                                
3:20:20 PM                                                                                                                    
                                                                                                                                
Co-Chair Hawker  questioned Representative  Gatto's statement                                                                   
that  banks   are  using  the   cards  to  enhance   revenue.                                                                   
Representative Gatto  clarified that revenue is  generated by                                                                   
attaching  dormancy and  access fees  to the cards.  Co-Chair                                                                   
Hawker  felt   that  generating  revenue  through   fees  was                                                                   
contrary to  the intent  of the bill.  Ms. Wilson  added that                                                                   
cards  issued by  financial institutions  have more  dormancy                                                                   
and  activation  fees  attached  to them.  Under  state  law,                                                                   
because the  cards are  issued by  a banking institution  and                                                                   
used for  interstate commerce, they  are not included  in the                                                                   
bill.                                                                                                                           
                                                                                                                                
3:21:49 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hawker   felt  that  financial   institutions  were                                                                   
responsible  for  many of  the  card  fees,  and that  it  is                                                                   
counterintuitive to exclude banks  form the bill. He wondered                                                                   
if a mandatory disclosure bill  would be better, as the terms                                                                   
of the card use would be adequately disclosed.                                                                                  
                                                                                                                                
3:23:13 PM                                                                                                                    
                                                                                                                                
Representative Gatto  replied that the disclosure  statements                                                                   
that  appear  on  gift  cards are  often  difficult  for  the                                                                   
average cardholder to read. He  believed that most people are                                                                   
surprised by the fees.                                                                                                          
                                                                                                                                
Representative Austerman voiced  concern with the language in                                                                   
the bill that requires the cards last in perpetuity.                                                                            
                                                                                                                                
3:24:48 PM                                                                                                                    
                                                                                                                                
Co-Chair   Stoltze  felt   that  cards   are  purchased   for                                                                   
convenience. He  hoped that disclosure requirements  could be                                                                   
accomplished in statute. He recognized  that gift cards are a                                                                   
large profit center for some institutions.                                                                                      
                                                                                                                                
Representative Gatto maintained  that the goal of the bill is                                                                   
to protect the  consumer from false or  deceptive advertising                                                                   
and hidden fees.                                                                                                                
                                                                                                                                
3:27:35 PM                                                                                                                    
                                                                                                                                
Representative  Fairclough voiced  support for ensuring  full                                                                   
disclosure, but felt  that the bill asks for  more than that.                                                                   
She asked how the state will manage  the accounting for cards                                                                   
sold by a third party.                                                                                                          
                                                                                                                                
3:29:15 PM                                                                                                                    
                                                                                                                                
Ms. Lewis explained  that the bill addresses  non-profits and                                                                   
charitable  contributions  where the  current  law does  not.                                                                   
Third  party sellers  are considered  acting  agents for  the                                                                   
cards they represent.  She added a person receiving  the card                                                                   
as  a gift  is often  not aware  of all  the conditions  that                                                                   
pertain to the card.                                                                                                            
                                                                                                                                
Representative  Fairclough maintained concern  as to  how the                                                                   
bill   would   affect   businesses    when   accounting   for                                                                   
cards/certificates.                                                                                                             
                                                                                                                                
3:31:37 PM                                                                                                                    
                                                                                                                                
Representative  Crawford  expressed  that  he was  still  not                                                                   
clear as  to the necessity  of the  bill requiring  the cards                                                                   
last in perpetuity. He understood  that perpetuity would last                                                                   
as long as unclaimed  property could account for  it with the                                                                   
money turned  in by the  initial merchant. Ms.  Lewis replied                                                                   
that  some  businesses will  honor  cards  after the  3  year                                                                   
limit,  and   then  request   reimbursement  from   unclaimed                                                                   
property.  Representative  Crawford  perceived that  after  3                                                                   
years, the  business can send  the card balance  to unclaimed                                                                   
property, and  no longer be compelled  to honor the  card. He                                                                   
estimated  that  after  sending   the  balance  to  unclaimed                                                                   
property, the  business would no  longer need to keep  it "on                                                                   
the books".  Ms. Lewis  agreed. Representative Crawford  felt                                                                   
that  this  answered  the  question  of  perpetuity  for  the                                                                   
merchandiser. Ms.  Lewis explained that the  liability to the                                                                   
business is released.                                                                                                           
                                                                                                                                
3:33:26 PM                                                                                                                    
                                                                                                                                
Representative Austerman asked  for the effective date of the                                                                   
bill. Ms.  Wilson replied that  it would take effect  90 days                                                                   
after being signed by the governor.  Representative Austerman                                                                   
wondered  if  that  would  give  businesses  enough  time  to                                                                   
comply.                                                                                                                         
                                                                                                                                
Ms. Lewis  stated that the  law requires that  all businesses                                                                   
must review  their books for  outstanding liabilities  by the                                                                   
end of  June. An unclaimed  property report must  be prepared                                                                   
and sent to the department by  November 1. She added that the                                                                   
process  may  be more  of  a challenge  for  businesses  that                                                                   
issued cards with expiration dates.                                                                                             
                                                                                                                                
3:35:20 PM                                                                                                                    
                                                                                                                                
Co-Chair Hawker  wondered about  the importance of  requiring                                                                   
an  issuance date  on  the card,  if the  card  is viable  in                                                                   
perpetuity.                                                                                                                     
                                                                                                                                
Representative  Gatto  replied   that  knowing  the  date  of                                                                   
issuance will  aid in marking  the 3 year time  period, after                                                                   
which the  obligation no longer  falls on the seller,  but is                                                                   
turned over to unclaimed property.                                                                                              
                                                                                                                                
3:36:40 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hawker believed  that  ultimately  the seller  must                                                                   
have the  date of  issuance on record  in order to  determine                                                                   
when  the  3 year  lifespan  of  the  card begins  and  ends.                                                                   
Representative  Gatto explained  that the  merchant would  be                                                                   
required  to maintain  a record  of  sale and  an ID  number,                                                                   
generated by payment  with a credit card. Using  the issuance                                                                   
date on the card  to determine that 3 years  have passed, the                                                                   
information would  be transmitted to unclaimed  property. Co-                                                                   
Chair Hawker  agreed that the  date of issuance  is important                                                                   
to the seller  of the card,  but irrelevant to the  buyer. He                                                                   
stressed that mandating that the  date of issuance be printed                                                                   
on the card upon its sale is irrelevant  to the mission being                                                                   
undertaken in the bill.                                                                                                         
                                                                                                                                
3:39:06 PM                                                                                                                    
                                                                                                                                
Representative  Gatto felt  that an issuance  date should  be                                                                   
clearly printed on  the card in order to enable  the consumer                                                                   
to keep track of the age of the card/certificate.                                                                               
                                                                                                                                
Co-Chair Hawker felt that what  the department was attempting                                                                   
to accomplish by putting an issuance  date on the face of the                                                                   
card, is complicated.  He judged that the consumer  would not                                                                   
be aware of all  the operations of law that  affect the card,                                                                   
and more information  would be required to be  printed on the                                                                   
card.                                                                                                                           
                                                                                                                                
3:40:45 PM                                                                                                                    
                                                                                                                                
Representative  Gatto  replied  that  the bill  is  meant  to                                                                   
protect  consumers under  the law, regardless  of whether  or                                                                   
not the  consumer is aware  of the law.  He pointed  out that                                                                   
there is limited  space for information to be  printed on the                                                                   
card.                                                                                                                           
                                                                                                                                
3:41:29 PM                                                                                                                    
                                                                                                                                
Representative  Crawford wondered  if it  would speak  to Co-                                                                   
Chair Hawkwer's concerns  if the date the card was  to turn 3                                                                   
years old was clearly printed  on it. Co-Chair Hawker replied                                                                   
yes.                                                                                                                            
                                                                                                                                
Representative Gara  did not think  that the bill  presents a                                                                   
problem  for non-profits.  He felt that  businesses with  the                                                                   
sophistication  to  issue  gift  cards  would  honor  donated                                                                   
cards, regardless of an expiration date.                                                                                        
                                                                                                                                
3:44:22 PM                                                                                                                    
                                                                                                                                
Representative  Austerman  asked if  removing  the words  "in                                                                   
perpetuity"   from  the   bill  would   change  the   intent.                                                                   
Representative Gatto  replied yes. The words  "in perpetuity"                                                                   
are necessary to  protect consumers with cards  that are very                                                                   
old,  yet unredeemed.  The unredeemed  card  still has  value                                                                   
until it is  redeemed by the card holder, either  through the                                                                   
vendor or unclaimed property.                                                                                                   
                                                                                                                                
Representative  Austerman asked  how long unclaimed  property                                                                   
retains  the unclaimed  balance.  Ms.  Lewis  replied that  a                                                                   
working balance  of several million dollars is  maintained by                                                                   
the department for  unclaimed property and that  the money is                                                                   
always available.                                                                                                               
                                                                                                                                
3:47:19 PM                                                                                                                    
                                                                                                                                
Representative  Austerman felt  that if  the money is  always                                                                   
available  from   unclaimed  property,   after  the   3  year                                                                   
expiration  date  of  the  card,   the  word  perpetuity  was                                                                   
unnecessary  in the language  of the  bill. Ms. Lewis  argued                                                                   
that the words  "in perpetuity" are meant to  ensure consumer                                                                   
confidence.                                                                                                                     
                                                                                                                                
3:48:11 PM                                                                                                                    
                                                                                                                                
Representative  Fairclough  wondered   how  much  gift  cards                                                                   
contribute  to the  multi-million  dollar unclaimed  property                                                                   
fund. Ms.  Lewis shared that gift  cards are a small  part of                                                                   
the unclaimed property trust fund.  Representative Fairclough                                                                   
asked if  the department had  a principle value  of unclaimed                                                                   
property that  is not  distributed to  the general  fund. Ms.                                                                   
Lewis replied  that the department  has a trust  account that                                                                   
is mandated  by statute.  The working balance  is kept  on an                                                                   
active account.  Some unclaimed funds are transferred  to the                                                                   
general fund. Representative Fairclough  surmised that if the                                                                   
state were to  hold the funds in perpetuity,  the fund should                                                                   
grow. Ms. Lewis maintained that  the funds would be available                                                                   
for the consumer in perpetuity.                                                                                                 
                                                                                                                                
3:50:14 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze wanted  more  information about  interstate                                                                   
commerce conditions  concerning gift cards/certificates.  Ms.                                                                   
Lewis explained that the laws  of the state where the card is                                                                   
purchased are applicable to the card.                                                                                           
                                                                                                                                
Representative  Austerman  relayed that  he  would prepare  a                                                                   
motion to  have the  words "in  perpetuity" removed  from the                                                                   
language of the bill.                                                                                                           
                                                                                                                                
3:52:13 PM                                                                                                                    
                                                                                                                                
Representative  Fairclough maintained her  concern as  to how                                                                   
the bill would complicate donations for non-profits.                                                                            
                                                                                                                                
3:53:21 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  replied that if the process  of donating to                                                                   
non-profits  grows  more  complicated,  people will  be  less                                                                   
inclined to get involved.                                                                                                       
                                                                                                                                
HB  64   was  HEARD  and   HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:53 PM                                                                                            
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
Article on Gift Cards.pdf HFIN 4/7/2009 1:30:00 PM
HB 64
HB214 Sponsor Statement.pdf HFIN 4/7/2009 1:30:00 PM
HB 214
Newspaper Artcle.pdf HFIN 4/7/2009 1:30:00 PM
HB 64
Legislative research report.pdf HFIN 4/7/2009 1:30:00 PM
HB 64
HB64 Sponsor Statement.PDF HFIN 4/7/2009 1:30:00 PM
HB 64
HB64 Sectional Analysis.PDF HFIN 4/7/2009 1:30:00 PM
HB 64
HB64 NFIB Letter to Rep Gatto.pdf HFIN 4/7/2009 1:30:00 PM
HB 64
HB214-DEC-AQ-4-3-09.pdf HFIN 4/7/2009 1:30:00 PM
HB 214