Legislature(2003 - 2004)
02/19/2004 01:45 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
February 19, 2004
1:45 P.M.
TAPE HFC 04 - 26, Side A
CALL TO ORDER
Co-Chair Williams called the House Finance Committee meeting
to order at 1:45 P.M.
MEMBERS PRESENT
Representative John Harris, Co-Chair
Representative Bill Williams, Co-Chair
Representative Kevin Meyer, Vice-Chair
Representative Mike Chenault
Representative Eric Croft
Representative Hugh Fate
Representative Richard Foster
Representative Mike Hawker
Representative Reggie Joule
Representative Carl Moses
MEMBERS ABSENT
Representative Bill Stoltze
ALSO PRESENT
Representative Les Gara; Representative Tom Anderson;
Representative Pete Kott; Jim Pound, Staff, Representative
Hugh Fate; Susan Stancliff, Staff, Speaker Pete Kott; Marie
Darlin, Alaska Association of Retired Persons (AARP), Juneau
PRESENT VIA TELECONFERENCE
Cynthia Drinkwater, Assistant Attorney General, Department
of Law, Anchorage
SUMMARY
HB 15 An Act relating to establishing the Alaska No-Call
List, a data base of residential telephone
customers who do not wish to receive telephonic
solicitations; providing that the data base be
compiled at no cost to the customers; requiring
paid telephonic sellers to purchase the data base;
requiring telephonic sellers to identify
themselves; requiring telephonic solicitors who
are otherwise exempt from registration as
telephonic solicitors to file with the Department
of Law and purchase the data base; and providing
for an effective date.
HB 15 was HEARD and HELD for further
consideration.
HB 56 An Act relating to the attorney fees and costs
awarded in certain court actions relating to
unfair trade practices; and, if considered court
rule changes, amending Rules 54(d), 79, and 82,
Alaska Rules of Civil Procedure.
CS HB 56 (L&C) was reported out of Committee with
a "do pass" recommendation with a fiscal note #1
by the Department of Law.
HB 91 An Act relating to a cost-of-living allowance and
medical benefits for retired peace officers after
20 years of credited service.
CS HB 91 (FIN) was reported out of Committee with
a "no recommendation" and with a new fiscal note
by the Department of Administration and
indeterminate note #1 by the Department of
Administration.
HB 347 An Act exempting taxicabs from the passenger
vehicle rental tax; and providing for an effective
date.
HB 347 was reported out of Committee with a "do
pass" recommendation and a new zero note by the
Department of Revenue.
CS SB 283(FIN)
An Act making an appropriation to reverse the
deposit of money available for appropriation in
the general fund at the end of fiscal year 2003
into the constitutional budget reserve fund;
making an appropriation for investment management
fees for the constitutional budget reserve fund;
making appropriations under art. IX, sec. 17(c),
Constitution of the State of Alaska, from the
constitutional budget reserve fund; and providing
for an effective date.
CS SB 283(FIN) was reported out of Committee with
a "do pass" recommendation.
HOUSE BILL NO. 347
An Act exempting taxicabs from the passenger vehicle
rental tax; and providing for an effective date.
Co-Chair Harris MOVED to report HB 347 out of Committee with
individual recommendations and with the accompanying fiscal
note. There being NO OBJECTION, it was so ordered.
HB 347 was reported out of Committee with a "do pass"
recommendation and with a new zero note by the Department of
Revenue.
HOUSE BILL NO. 56
An Act relating to the attorney fees and costs awarded
in certain court actions relating to unfair trade
practices; and, if considered court rule changes,
amending Rules 54(d), 79, and 82, Alaska Rules of Civil
Procedure.
Representative Foster MOVED to report CS HB 56 (L&C) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 56 (L&C) was reported out of Committee with a "do
pass" recommendation and with fiscal note #1 by the
Department of Law.
HOUSE BILL NO. 91
An Act relating to a cost-of-living allowance and
medical benefits for retired peace officers after 20
years of credited service.
Representative Fate MOVED to report work draft version #23-
LS0426\I, Craver, 1/14/04, out of Committee with individual
recommendations and with the attached fiscal notes.
Co-Chair Harris OBJECTED. He pointed out that the large
fiscal note is significant. He thought that the State might
not be able to afford it long term. He noted he supports
the concept of the 20-year retirement system, cautioning
that the note is large. Co-Chair Harris WITHDREW his
OBJECTION.
Representative Hawker OBJECTED in order to make a comment.
He voiced concern with the effect of the note on the
municipalities. He thought it could place an "unfunded
mandate" upon them. He understood that the Municipality of
Anchorage had become more supportive of the legislation
while recognizing the costs they might incur. He agreed
that the bill is "good and does the appropriate thing".
Representative Hawker WITHDREW his OBJECTION.
Co-Chair Williams pointed out that the sponsor had been
working with the Governor's Office. He added that there is
support throughout the Legislative House for the bill.
CS HB 91 (FIN) was reported out of Committee with a "no
recommendation" and with a new fiscal note by the Department
of Administration and an indeterminate note #1 by the
Department of Administration.
HOUSE BILL NO. 15
An Act relating to establishing the Alaska No-Call
List, a data base of residential telephone customers
who do not wish to receive telephonic solicitations;
providing that the data base be compiled at no cost to
the customers; requiring paid telephonic sellers to
purchase the data base; requiring telephonic sellers to
identify themselves; requiring telephonic solicitors
who are otherwise exempt from registration as
telephonic solicitors to file with the Department of
Law and purchase the data base; and providing for an
effective date.
REPRESENTATIVE HUGH FATE explained that last year, federal
legislation superceded HB 15. That legislation was tested
th
in the 10 District Court. The Appeals Court decision came
forward last week stating that it is "proper". The federal
legislation stands in place but the Department of Law has
found that they do not cover those subsequent areas that are
applicable to the State of Alaska. At one time, there was
to be a Governor's bill, which could close the loopholes.
To date, the Department has chosen the bill before the
Committee as the vehicle to address these concerns.
Co-Chair Harris MOVED to adopt work draft version #23-
LS0058\S, Craver, 2/17/04, as the version of the legislation
before the Committee. There being NO OBJECTION, it was
adopted.
JIM POUND, STAFF, REPRESENTATIVE HUGH FATE, explained that
the bill was drafted after the federal legislation and
regulations. HB 15 was drafted to enhance that legislation
for the State of Alaska. The bill would allow the
Department of Law to be the lead agency providing them with
the enforcement authority to register telemarketers
throughout the State. The bill would eliminate some of the
harassment potential that is not in the federal legislation.
Representative Croft inquired if there had been any change
from the State Affairs version to the registration fee. Mr.
Pound stated that there would be no in State registry.
There will be no fee to the consumer but there will be to
the telemarketers.
Representative Croft asked if the telemarketer fee would be
the same as indicated in the House State Affairs version.
Mr. Pound reiterated that there is no fee to the consumer at
the federal level. The fee to the telemarketer will be
established through regulation.
Co-Chair Harris commented on the fiscal note originating
from the House State Affairs Committee. He asked if that
note would be changed with the Finance version. Mr. Pound
assumed that a new note would be zero.
Co-Chair Harris referenced note #3, FY04, and asked if the
$103 thousand dollars would be shifted to FY05. Mr. Pound
pointed out that the fiscal note from the House State
Affairs Committee was based on a "very different" piece of
legislation. It was establishing and setting up a
registration process to create a "do not call" list in the
State of Alaska. When the bill was first introduced, there
was no national registry. There is now a "National Do Not
Call" list, which Alaska participates in and is the list
that will be used.
CYNTHIA DRINKWATER, (TESTIFIED VIA TELECONFERENCE),
ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW, ANCHORAGE,
advised that if the Committee adopts the House Finance
Committee substitute, the Department of Law fiscal note will
be different. The primary expenditures in the note before
the Committee were based on creating, implementing and
maintaining a separate registry. If that was not part of
the bill, the costs would be eliminated. There are
amendments to the bill requiring registration fees for
telemarketers, case lists and charitable organizations to
pay registration fees going to the general fund.
Co-Chair Harris reiterated that the Department of Law fiscal
note currently before the Committee is not accurate. Ms.
Drinkwater advised that the Department would submit a new
note as soon as the Committee adopts the committee
substitute. Co-Chair Harris noted that the committee
substitute had been adopted and asked how quickly could the
Department submit the new note. Ms. Drinkwater replied that
it would be quickly and guaranteed it would be available by
2/23/04.
Co-Chair Harris MOVED that CS HB 15 (FIN) be HELD in
Committee until the new fiscal note had arrived.
MARIE DARLIN, ALASKA ASSOCIATION OF RETIRED PERSONS, JUNEAU,
requested to testify on the bill when the new fiscal note
arrived in Committee.
CS HB 15 (FIN) was HELD in Committee for further
consideration.
CS FOR SENATE BILL NO. 283(FIN)
An Act making an appropriation to reverse the deposit
of money available for appropriation in the general
fund at the end of fiscal year 2003 into the
constitutional budget reserve fund; making an
appropriation for investment management fees for the
constitutional budget reserve fund; making
appropriations under art. IX, sec. 17(c), Constitution
of the State of Alaska, from the constitutional budget
reserve fund; and providing for an effective date.
Co-Chair Harris clarified for the record that SB 283 was an
identical bill to HB 413. He noted that there are no
changes and that agreement had been reached with the
minority. One item will be considered on the House Floor.
He encouraged members to move the bill as is out of
Committee.
Representative Croft explained that the bill would reverse
the sweep. He hoped that it would be the "harbinger" of
good negotiations to come.
Representative Foster MOVED to report CS SB 283 (FIN) out of
Committee with individual recommendations. There being NO
OBJECTION, it was so ordered.
CS SB 283 (FIN) out of Committee with a "do pass"
recommendation.
ADJOURNMENT
The meeting was adjourned at 2:06 P.M.
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