Legislature(2007 - 2008)CAPITOL 120

04/02/2007 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 158 PRIVATE INVESTIGATORS/AGENCIES TELECONFERENCED
Moved CSHB 158(JUD) Out of Committee
+ HB 182 OFFERING PROMOTIONAL CHECKS TELECONFERENCED
Moved CSHB 182(JUD) Out of Committee
+ HB 151 INDEMNITY CLAUSE IN PUBLIC CONTRACTS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 2, 2007                                                                                          
                           1:11 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 158                                                                                                              
"An Act providing for the licensing and regulation of private                                                                   
investigators and private investigator agencies; and providing                                                                  
for an effective date."                                                                                                         
                                                                                                                                
     - MOVED CSHB 158(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 151                                                                                                              
"An Act requiring an indemnification and hold harmless provision                                                                
in professional services contracts of state agencies, quasi-                                                                    
public agencies, municipalities, and political subdivisions."                                                                   
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 182                                                                                                              
"An Act making the offering of certain promotional checks an                                                                    
unfair or deceptive act or practice."                                                                                           
                                                                                                                                
     - MOVED CSHB 182(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 158                                                                                                                  
SHORT TITLE: PRIVATE INVESTIGATORS/AGENCIES                                                                                     
SPONSOR(S): REPRESENTATIVE(S) ROSES                                                                                             
                                                                                                                                
02/28/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/07       (H)       JUD, FIN                                                                                               
04/02/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 151                                                                                                                  
SHORT TITLE: INDEMNITY CLAUSE IN PUBLIC CONTRACTS                                                                               
SPONSOR(S): REPRESENTATIVE(S) JOHNSON BY REQUEST                                                                                
                                                                                                                                
02/22/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/07       (H)       STA, JUD                                                                                               
03/20/07       (H)       STA AT 8:00 AM CAPITOL 106                                                                             
03/20/07       (H)       Heard & Held                                                                                           
03/20/07       (H)       MINUTE(STA)                                                                                            
03/24/07       (H)       STA AT 10:00 AM CAPITOL 106                                                                            
03/24/07       (H)       Moved CSHB 151(STA) Out of Committee                                                                   
03/24/07       (H)       MINUTE(STA)                                                                                            
03/26/07       (H)       STA RPT CS(STA) NT 6DP                                                                                 
03/26/07       (H)       DP: JOHANSEN, JOHNSON, COGHILL, DOLL,                                                                  
                        GRUENBERG, LYNN                                                                                         
04/02/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: HB 182                                                                                                                  
SHORT TITLE: OFFERING PROMOTIONAL CHECKS                                                                                        
SPONSOR(S): REPRESENTATIVE(S) LYNN                                                                                              
                                                                                                                                
03/07/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/07/07       (H)       L&C, JUD                                                                                               
03/19/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
03/19/07       (H)       Moved Out of Committee                                                                                 
03/19/07       (H)       MINUTE(L&C)                                                                                            
03/21/07       (H)       L&C RPT 7DP                                                                                            
03/21/07       (H)       DP: GARDNER, LEDOUX, BUCH, NEUMAN,                                                                     
                         GATTO, RAMRAS, OLSON                                                                                   
04/02/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE BOB ROSES                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 158.                                                                                         
                                                                                                                                
TIM MARTINSON, Staff                                                                                                            
to Representative Bob Roses                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 158 on behalf of the sponsor,                                                                 
Representative Roses, and responded to questions.                                                                               
                                                                                                                                
HILLIARD H. "TRES" LEWIS, III, Private Investigator                                                                             
Mendenhall Investigations, Inc.                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided comments and responded to                                                                         
questions during discussion of HB 158.                                                                                          
                                                                                                                                
RALPH TAYLOR, Secretary                                                                                                         
Alaska Investigators' Association, Inc. (AIA)                                                                                   
Nome, Alaska                                                                                                                    
POSITION STATEMENT:  Provided comments regarding the educational                                                                
requirements of HB 158.                                                                                                         
                                                                                                                                
KATHRYN MONFREDA, Chief                                                                                                         
Criminal Records and Identification Bureau                                                                                      
Division of Statewide Services                                                                                                  
Department of Public Safety (DPS)                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Responded to questions during discussion of                                                                
HB 158.                                                                                                                         
                                                                                                                                
ANDY KLAMSER, Member                                                                                                            
Board of Directors                                                                                                              
Alaska Investigators' Association, Inc. (AIA)                                                                                   
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  During discussion of HB 158, provided                                                                      
comments and said he supports the bill and urges its passage.                                                                   
                                                                                                                                
JOSEPH E. AUSTIN, Member                                                                                                        
Board of Directors                                                                                                              
Alaska Investigators' Association, Inc. (AIA)                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 158.                                                                            
                                                                                                                                
DENISE MARIE PETTY, Owner                                                                                                       
DC Recovery & Investigations;                                                                                                   
President                                                                                                                       
Alaska Investigators' Association, Inc. (AIA)                                                                                   
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 158.                                                                            
                                                                                                                                
RICK URION, Director                                                                                                            
Juneau Office                                                                                                                   
Division of Corporations, Business, and Professional Licensing                                                                  
Department of Commerce, Community, & Economic Development                                                                       
(DCCED)                                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to  questions during discussion of                                                               
HB 158.                                                                                                                         
                                                                                                                                
REPRESENTATIVE CRAIG JOHNSON                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Speaking   as  the  sponsor  by  request,                                                               
presented HB 151 and responded to questions.                                                                                    
                                                                                                                                
CLYDE (ED) SNIFFEN, JR., Assistant Attorney General                                                                             
Commercial/Fair Business Section                                                                                                
Civil Division (Anchorage)                                                                                                      
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                               
questions during discussion of HB 182.                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting to order  at 1:11:51 PM.   Representatives Samuels, Lynn,                                                             
Dahlstrom,  and  Ramras  were  present  at  the  call  to  order.                                                               
Representatives  Holmes, Gruenberg,  and Coghill  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
HB 158 - PRIVATE INVESTIGATORS/AGENCIES                                                                                       
                                                                                                                                
1:12:06 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE  BILL NO.  158, "An  Act  providing for  the licensing  and                                                               
regulation  of  private  investigators and  private  investigator                                                               
agencies; and providing for an effective date."                                                                                 
                                                                                                                                
1:12:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to  adopt the  proposed committee                                                               
substitute  (CS)  for  HB   158,  Version  25-LS0442\E,  Bullard,                                                               
3/14/07, as the work draft.   There being no objection, Version E                                                               
was before the committee.                                                                                                       
                                                                                                                                
1:12:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BOB  ROSES,  Alaska State  Legislature,  sponsor,                                                               
relayed that  his staff  would present HB  158, and  that various                                                               
witnesses would  be testifying  on the  different aspects  of the                                                               
bill.                                                                                                                           
                                                                                                                                
1:14:19 PM                                                                                                                    
                                                                                                                                
TIM MARTINSON,  Staff to Representative  Bob Roses,  Alaska State                                                               
Legislature,  said on  behalf of  Representative Roses,  sponsor,                                                               
that HB  158 would  enact statewide  licensing and  regulation of                                                               
private  investigators and  private investigative  agencies, none                                                               
of which  are currently  regulated by  the state;  currently, one                                                               
can  simply claim  to be  an investigator  and obtain  a business                                                               
license  without any  experience in  the field  of investigation.                                                               
The primary  goal of HB 158  is that of protecting  the consumer;                                                               
currently those claiming to be  investigators are not required to                                                               
maintain  errors   and  omissions  insurance,  and   this  leaves                                                               
consumers  with little  or no  recourse in  the event  that those                                                               
they've hired are incompetent or [guilty] of misconduct.                                                                        
                                                                                                                                
MR.  MARTINSON  pointed  out   that  investigators  that  conduct                                                               
business in  states without licensing standards  and requirements                                                               
are  placed  at  serious   disadvantage  because  many  insurance                                                               
companies and law  firms will not hire investigators  who are not                                                               
both licensed  and insured.   This means, for example,  that out-                                                               
of-state licensed investigators unfamiliar  with Alaska law would                                                               
be hired  to conduct investigations  in Alaska.  He  offered that                                                               
licensing investigators  as set out  via HB 158 will  ensure that                                                               
only  investigators with  insurance,  good  moral character,  and                                                               
sufficient education  and experience  will be  conducting private                                                               
investigations in the state.                                                                                                    
                                                                                                                                
1:16:23 PM                                                                                                                    
                                                                                                                                
HILLIARD H.  "TRES" LEWIS, III, Private  Investigator, Mendenhall                                                               
Investigations,  Inc.,  relayed  that  he has  20-plus  years  of                                                               
experience in  the field  of private  investigation, and  that he                                                               
and  the  other  private  investigators that  will  be  providing                                                               
testimony   are  all   members  of   the  Alaska   Investigators'                                                               
Association,  Inc.  (AIA), and  have  been  looking at  licensing                                                               
issues  for  several  years.    He explained  that  a  number  of                                                               
problems  have  occurred  in  the   past  when  those  that  have                                                               
represented  themselves as  private investigators  haven't really                                                               
been qualified  to act as  such.   For example, one  person who'd                                                               
just  graduated  from  high school  simply  acquired  a  business                                                               
license  and then  hired himself  out as  a private  investigator                                                               
even  though  he  didn't  know anything  about  being  a  private                                                               
investigator;  that  person  eventually contacted  Mr.  Lewis  to                                                               
obtain help, and Mr. Lewis was  able to assist that person before                                                               
any of the parties were injured.                                                                                                
                                                                                                                                
MR. LEWIS went on  to explain that when he began  his career as a                                                               
private investigator,  he was mentored  by an attorney  for three                                                               
and a half  years, and most of  the work he did at  that time was                                                               
done for that  attorney.  He mentioned that HB  158 provides that                                                               
someone seeking  a career  as a  private investigator  can obtain                                                               
the  necessary education  by  going to  work  for an  established                                                               
private investigator or  a law enforcement agency  or via college                                                               
courses specific to investigative work.                                                                                         
                                                                                                                                
1:18:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  offered her  understanding that  HB 158                                                               
has  not  been  introduced  to address  a  specific  instance  or                                                               
problem.                                                                                                                        
                                                                                                                                
MR. MARTINSON concurred.                                                                                                        
                                                                                                                                
REPRESENTATIVE DAHLSTROM  asked how many investigators  belong to                                                               
the AIA.                                                                                                                        
                                                                                                                                
MR. LEWIS said there are approximately 50 members.                                                                              
                                                                                                                                
REPRESENTATIVE   DAHLSTROM  asked   what  the   AIA's  membership                                                               
requirements are, and what ongoing education members go through.                                                                
                                                                                                                                
MR. LEWIS  explained that  the AIA is  an organization  of peers;                                                               
that  it holds  annual conferences  with "world  famous" speakers                                                               
addressing specific topics including  but not limited to homicide                                                               
investigations, polygraphs, and  computer forensics; that several                                                               
state  agencies allow  their investigators  to  attend the  AIA's                                                               
conferences, and members of the AIA  are allowed to go to "pieces                                                               
and  parts  of  their  conferences";  that  private  investigator                                                               
organizations  in  other   states  offer  additional  educational                                                               
opportunities;  and that  to join  the  AIA, prospective  members                                                               
fill  out  an  application,  submit to  a  [criminal]  background                                                               
check, and  pay membership  dues.  He  remarked that  without the                                                               
backing of  a state statute,  the AIA is  unable to do  more for,                                                               
and require more of, its  members and other private investigators                                                               
in Alaska.                                                                                                                      
                                                                                                                                
MR.  LEWIS,  in  response  to  a  question,  relayed  that  under                                                               
[Version  E],  licensing  will  occur  through  the  Division  of                                                               
Corporations,  Business, and  Professional Licensing  - which  is                                                               
located within the Department of  Commerce, Community, & Economic                                                               
Development (DCCED)  - and  licensees will not  be governed  by a                                                               
board.                                                                                                                          
                                                                                                                                
REPRESENTATIVE DAHLSTROM  asked whether  those provisions  of the                                                               
bill have been discussed with  the commissioner of the Department                                                               
of Public Safety (DPS).                                                                                                         
                                                                                                                                
MR. MARTINSON said  [he] has spoken with the DPS  and the DPS has                                                               
indicated that  it intends  to remain  neutral on  the bill.   He                                                               
mentioned that  the reason for  choosing not to have  a governing                                                               
board was to decrease the fiscal note.                                                                                          
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  asked  whether  private  investigators                                                               
would  be governed  by  an  existing board  if  they are  instead                                                               
licensed under the DPS.                                                                                                         
                                                                                                                                
REPRESENTATIVE COGHILL  surmised that that wouldn't  be the case,                                                               
and   that   the  DPS   wouldn't   have   purview  over   private                                                               
investigators because "this is a professional practices area."                                                                  
                                                                                                                                
REPRESENTATIVE SAMUELS  asked whether HB 158  contains provisions                                                               
for revoking licenses.                                                                                                          
                                                                                                                                
1:25:24 PM                                                                                                                    
                                                                                                                                
MR.  LEWIS offered  his  understanding that  under  the bill,  if                                                               
someone   filed   a   complaint  against   a   licensed   private                                                               
investigator, the  division would  investigate the  complaint and                                                               
then suspend the  license if the complaint is found  to be valid.                                                               
With  regard  to  the  question of  who  should  license  private                                                               
investigators,  he  opined  that   there  would  be  an  inherent                                                               
conflict   of  interest   were   the  DPS   to  license   private                                                               
investigators;  "I could  give you  a long  list of  troopers who                                                               
respect me but  ... don't like me  because ... my job  is to show                                                               
where  they  have  not   successfully  investigated  or  properly                                                               
conducted the  investigations in  criminal cases."   This  is one                                                               
reason  why it's  preferred that  licensing be  conducted by  the                                                               
division, he added.                                                                                                             
                                                                                                                                
MR.  LEWIS,  in response  to  a  comment,  pointed out  that  the                                                               
division already  employs its  own investigators  and thus  it is                                                               
familiar with  what criteria  ought to be  met by  those applying                                                               
for licensure.                                                                                                                  
                                                                                                                                
1:28:44 PM                                                                                                                    
                                                                                                                                
RALPH TAYLOR, Secretary,  Alaska Investigators' Association, Inc.                                                               
(AIA), relayed that he would  be speaking to the bill's education                                                               
requirements.    Education  is   imperative  in  any  profession,                                                               
regardless  of  whether that  profession  is  seeking to  improve                                                               
itself  or  maintain  a  professional  image,  and  standards  in                                                               
training  and   education  go  hand-in-hand  with   high  ethical                                                               
standards  - without  education  requirements, there  will be  no                                                               
ethical requirements.  He therefore  requested that the committee                                                               
support HB  158 and provide  educational standards  and licensing                                                               
requirements for Alaska's private investigators.                                                                                
                                                                                                                                
1:30:14 PM                                                                                                                    
                                                                                                                                
KATHRYN  MONFREDA,  Chief,  Criminal Records  and  Identification                                                               
Bureau,  Division of  Statewide  Services,  Department of  Public                                                               
Safety (DPS),  relayed that she could  answer questions regarding                                                               
the background check provisions of HB 158.                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG  indicated that members have  received a                                                               
memorandum  from  Joan  Kasson,   Department  of  Public  Safety,                                                               
regarding a  suggestion to  insert a new  paragraph (15)  into AS                                                               
12.62.400 that  would read, "licensure as  a private investigator                                                               
or private  investigator agency  under AS  08.85."; he  asked Ms.                                                               
Monfreda whether she supports this proposed amendment."                                                                         
                                                                                                                                
MS. MONFREDA  said she does  support it and  was the one  who had                                                               
recommended it because it will  ensure that national fingerprint-                                                               
based  background  checks  can  be conducted.    In  response  to                                                               
another question,  she said she can't  speak to the pros  or cons                                                               
of licensing  private investigators,  but surmised that  the bill                                                               
will have very little impact on  her section of the division.  On                                                               
the  issue of  whether the  DPS should  review applications,  she                                                               
said that  she has  received no  direction regarding  whether she                                                               
should speak to that issue.                                                                                                     
                                                                                                                                
MR.   MARTINSON,  in   response  to   a  question,   offered  his                                                               
understanding that the indeterminate  fiscal note provided by the                                                               
Division of  Alaska State Troopers  is outdated [since  Version E                                                               
no longer provides for the establishment of a governing board].                                                                 
                                                                                                                                
1:32:55 PM                                                                                                                    
                                                                                                                                
ANDY KLAMSER,  Member, Board of Directors,  Alaska Investigators'                                                               
Association,  Inc.  (AIA),   offered  information  regarding  his                                                               
experience  in the  field of  law  enforcement and  as a  private                                                               
investigator,  adding  that  his own  private  investigator  firm                                                               
primarily  handles jobs  for law  firms and  insurance companies.                                                               
He  said that  there are  considerably more  people operating  as                                                               
private investigators  than belong to the  AIA.  On the  issue of                                                               
reciprocity,  he said  that  many  of the  other  42 states  that                                                               
regulate   private   investigators    provide   reciprocity   for                                                               
investigators from states that  also license their investigators;                                                               
currently, without the passage of  HB 158, Alaska's investigators                                                               
are not  able to operate  in those  other states.   He referenced                                                               
Alaska's  laws  pertaining  to   victim  protection  and  witness                                                               
protection -  particularly as they  relate to sexual  assault and                                                               
sexual abuse of  a minor crimes - and federal  laws pertaining to                                                               
identity theft  and consumer privacy protection,  and opined that                                                               
it  is important  for anyone  in  Alaska working  in the  private                                                               
investigator field  to have a  knowledge of those laws  and abide                                                               
by them.   In conclusion, he said he supports  [HB 158] and urged                                                               
its passage.                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS   asked  what  is  currently   done  in  situations                                                               
involving  [an  incompetent,  fraudulent,  or  dangerous  private                                                               
investigator].                                                                                                                  
                                                                                                                                
MR. LEWIS  reiterated that currently  the public has  no recourse                                                               
other  than  to seek  assistance  from  "the district  attorney's                                                               
office" regarding a fraud investigation.                                                                                        
                                                                                                                                
1:36:16 PM                                                                                                                    
                                                                                                                                
JOSEPH   E.   AUSTIN,   Member,  Board   of   Directors,   Alaska                                                               
Investigators' Association, Inc. (AIA),  relayed that he supports                                                               
HB 158.  He mentioned  that he'd recently conducted some research                                                               
and found  that the state  has issued 165  "private investigator"                                                               
business licenses, that  40 of those were issued to  out of state                                                               
firms, and  that of  the 40 advertisements  under the  heading of                                                               
private detectives and private investigators  in the yellow pages                                                               
of  the phone  book  only 11  were placed  by  entities that  are                                                               
actually licensed.   Furthermore, a criminal  background check on                                                               
several  persons currently  holding  a business  license in  this                                                               
field showed  that some have been  found guilty of the  crimes of                                                               
sexual  assault,  registered  sex  offender  out  of  compliance,                                                               
hindering  prosecution,  domestic  violence assault,  theft,  and                                                               
commercial bribery;  a criminal background check  on some persons                                                               
whose business license in this  field has expired have been found                                                               
guilty of sex  crimes and failing to register as  a sex offender.                                                               
He mentioned that under HB 158,  such people would not be granted                                                               
licensure.  He asked the committee  for its support in passing HB
158,  and  mentioned  that  information   he's  provided  to  the                                                               
committee contains  further specific  instances of  wrongdoing by                                                               
those holding  a business  license and claiming  to be  a private                                                               
investigator.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL  asked   whether  municipalities  provide                                                               
licensing.                                                                                                                      
                                                                                                                                
MR. AUSTIN said that in  the Municipality of Anchorage (MOA), one                                                               
is merely  required to obtain  a business license, submit  a copy                                                               
of a criminal background check, and pay the licensing fee.                                                                      
                                                                                                                                
REPRESENTATIVE  COGHILL  asked  whether  the  bill  will  provide                                                               
private investigators with new authority.                                                                                       
                                                                                                                                
MR. LEWIS said no, and  explained that the permissible activities                                                               
listed in  the bill are  merely aspects of current  practice with                                                               
one  exception:    at  the  national  level  there  are  database                                                               
companies  that  provide  information only  to  licensed  private                                                               
investigators,   and,   under    the   bill,   Alaska's   private                                                               
investigators will  be able to  access that information  as well,                                                               
whereas now they can't because they are not licensed.                                                                           
                                                                                                                                
1:40:54 PM                                                                                                                    
                                                                                                                                
DENISE  MARIE   PETTY,  Owner,  DC  Recovery   &  Investigations;                                                               
President,  Alaska Investigators'  Association, Inc.  (AIA), said                                                               
that  HB   158  is  supported  wholeheartedly   because  it  will                                                               
institute  standards  and  accountability   for  people  who  are                                                               
performing  investigative   services  for   insurance  companies,                                                               
attorneys,  and  private  individuals.    Without  standards  and                                                               
accountability,  some  holding  themselves   out  to  be  private                                                               
investigators have  the ability  to cause great  harm.   The bill                                                               
proposes to  institute standards regarding  continuing education,                                                               
background checks,  and reciprocity.   The  ultimate goal  of the                                                               
bill is  to protect  the consumer; under  the bill,  the consumer                                                               
will  have the  ability to  check and  verify the  credentials of                                                               
those holding  themselves out as  private investigators,  and the                                                               
bonding  and insurance  requirements will  allow the  consumer to                                                               
recover damages.                                                                                                                
                                                                                                                                
MS.  PETTY  said she  has  great  concerns with  possibly  losing                                                               
access to  information simply because  the state  lacks licensure                                                               
for this industry - losing  access to information will impact the                                                               
ability of  private investigators  to serve  their clients  - and                                                               
with   individuals  holding   themselves   out   to  be   private                                                               
investigators not  being of  good moral  character or  honest, or                                                               
who are  sex offenders  or commit other  crimes.   In conclusion,                                                               
she said that she and the AIA support HB 158.                                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL  asked whether  the state's  stalking laws                                                               
impact the industry.                                                                                                            
                                                                                                                                
MS. PETTY  indicated that those  laws do not impact  her industry                                                               
because one  must first notice  he/she is being  investigated and                                                               
then feel  threatened, and a  good private investigator  will not                                                               
act  in such  a way  as  to get  noticed  to begin  with; a  good                                                               
private investigator will not violate a person's rights.                                                                        
                                                                                                                                
MR.  LEWIS   explained  that   most  of   the  time   when  doing                                                               
surveillance, a  private investigator is  instructed specifically                                                               
to not  let the  subject know he/she  is being  investigated, and                                                               
would  therefore   cease  his/her  surveillance  efforts   if  it                                                               
appeared as  though the  subject was going  to learn  that he/she                                                               
was  the subject  of an  investigation.   A private  investigator                                                               
could be  arrested for harassment  or stalking, just  like anyone                                                               
else,  if he/she  gets carried  away with  his/her investigation.                                                               
In response  to another  question, he opined  that the  bill will                                                               
not embolden private investigators  to take chances, particularly                                                               
given  that those  hiring a  private investigator  will not  want                                                               
him/her to take such chances.                                                                                                   
                                                                                                                                
CHAIR RAMRAS  noted that  Version E  doesn't contain  any bonding                                                               
requirements.                                                                                                                   
                                                                                                                                
MR. MARTINSON explained that they  were removed because Version E                                                               
contains  a  requirement   that  private  investigators  purchase                                                               
errors and omissions insurance of  $100,000, and it was felt that                                                               
such insurance makes  it easier for a disgruntled  client to file                                                               
a claim and get his/her money back.                                                                                             
                                                                                                                                
1:47:01 PM                                                                                                                    
                                                                                                                                
MR. LEWIS,  in response to a  question, said that in  addition to                                                               
working for  insurance companies he  has also been employed  by a                                                               
number of  individual attorneys, and has  done investigative work                                                               
on a  number of major  criminal felonies.   He mentioned  that he                                                               
has not done  any "domestic cases" in over 15  years - ever since                                                               
Alaska became  a "no fault" divorce  state.  He opined  that it's                                                               
not really  appropriate for  an investigator to  do that  type of                                                               
work when he/she could instead  simply advise the individual that                                                               
Alaska is  a "no  fault" divorce  state and  so finding  out that                                                               
his/her  spouse is  cheating won't  do  him/her any  good in  the                                                               
court  room.   He mentioned  that when  he investigates  workers'                                                               
compensation  cases  he  is usually  employed  by  the  insurance                                                               
company.    He also  relayed  that  he's sought  former  property                                                               
owners in land  title cases, and has found adoptees  and heirs to                                                               
estates.                                                                                                                        
                                                                                                                                
MR. LEWIS, in response to  a question, assured the committee that                                                               
private  investigators are  not  allowed to  do  things that  law                                                               
enforcement  personnel  are  prohibited   from  doing,  and  that                                                               
private investigators  will not  be granted  extra rights  by the                                                               
bill; a  private investigator can  look through  someone's trash,                                                               
but can  not get a  wiretap nor petition  a court for  a wiretap.                                                               
Furthermore, confidentiality is assumed  with the title, "private                                                               
investigator"  and most  private  investigators would  be out  of                                                               
business if they violated that confidentiality.                                                                                 
                                                                                                                                
MR. LEWIS, in response to  further questions, said that a private                                                               
investigator has  no additional authority to  arrest people other                                                               
than  that of  a  regular  citizen to  make  a citizen's  arrest,                                                               
though he has transported two  individuals to jail at the request                                                               
of  the individuals'  attorneys when  those individuals  violated                                                               
the conditions of their release.                                                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG expressed  favor  with Version  E.   He                                                               
opined,  however,   that  rather   than  simply   referencing  AS                                                               
08.85.150  along with  some other  specific informational  items,                                                               
proposed  AS  08.85.600  should  specifically  list  all  of  the                                                               
informational items outlined in  proposed AS 08.85.150 that ought                                                               
to be kept  confidential.  He suggested that that  be done before                                                               
the bill gets to the House floor.                                                                                               
                                                                                                                                
1:55:16 PM                                                                                                                    
                                                                                                                                
RICK URION,  Director, Juneau  Office, Division  of Corporations,                                                               
Business,  and Professional  Licensing,  Department of  Commerce,                                                               
Community,  & Economic  Development (DCCED),  explained that  the                                                               
administration is taking  a neutral stance on the bill.   He went                                                               
on  to  say:    "As  you  know,  we  license  people  for  public                                                               
protection  and  public safety,  and  we  don't think  unlicensed                                                               
activity  by investigators  rises  to the  level  of needing  ...                                                               
licensure at this  time."  Should the legislature  decide to move                                                               
forward  with  the  bill,  however,   the  division  will  do  as                                                               
directed, he relayed, and mentioned  that licensing a category of                                                               
people without also having a  corresponding board can be done and                                                               
already  occurs.    With  regard  to  Representative  Gruenberg's                                                               
comments,  he   explained  that  the   aforementioned  provisions                                                               
pertain to what  the DCCED keeps confidential.  In  response to a                                                               
question,  he listed  some other  categories of  people that  the                                                               
DCCED licenses without there being a corresponding board.                                                                       
                                                                                                                                
MR. URION, in  response to a comment, said that  it may come down                                                               
to  a  judgment  call  regarding  who  the  division  chooses  to                                                               
license.   There  is  a  very fine  line  between protecting  the                                                               
public and  protecting the profession,  and some  professions, he                                                               
opined, cross that  line by setting standards  for admission that                                                               
are overly restrictive.                                                                                                         
                                                                                                                                
1:59:19 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  asked whether the  bill would exclude  someone with                                                               
many  years  of  experience  as  a  private  investigator  simply                                                               
because he/she doesn't meet the  educational criteria outlined in                                                               
the bill.   He  also asked  whether currently  practicing private                                                               
investigators  that've been  found  guilty  of domestic  violence                                                               
crimes or other crimes will  be excluded from receiving a license                                                               
under the bill.                                                                                                                 
                                                                                                                                
MR.  LEWIS explained  that  the bill  contains  a provision  that                                                               
would  permit  those  that are  currently  practicing  to  obtain                                                               
licensure.  He then recapped  some of the qualifications outlined                                                               
in  proposed   AS  08.85.130  and  AS   08.85.140  pertaining  to                                                               
education and  prior experience,  and opined  that there  will be                                                               
multiple avenues by which one can enter into the occupation.                                                                    
                                                                                                                                
MR.  URION pointed  out that  if there  truly is  a problem  with                                                               
those that  are currently  holding themselves  out to  be private                                                               
investigators, then allowing those  that are currently practicing                                                               
to be "grandfathered" in will not solve the alleged problem.                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  expressed concern  that people  who are                                                               
convicted sex offenders would be allowed to be grandfathered in.                                                                
                                                                                                                                
MR. LEWIS offered  that under the transitional  provisions of the                                                               
bill, in  order to be grandfathered  in, one must still  meet the                                                               
criteria  outlined in  AS 08.85.110,  or  he/she [won't]  qualify                                                               
regardless of how many hours of experience he/she has.                                                                          
                                                                                                                                
MR. MARTINSON concurred, and, in  response to a further question,                                                               
mentioned  that proposed  AS 08.85.110(2)  says:   "may not  have                                                               
been convicted  of a felony in  any jurisdiction in the  10 years                                                               
preceding license application".                                                                                                 
                                                                                                                                
CHAIR RAMRAS asked why a threshold of 10 years was chosen.                                                                      
                                                                                                                                
MR. LEWIS indicated  that a similar threshold  already applies to                                                               
process servers.                                                                                                                
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  opined  that  for  certain  crimes,  a                                                               
person  shouldn't be  allowed to  become  a private  investigator                                                               
just  because  10   years  have  passed  since   the  person  was                                                               
convicted.                                                                                                                      
                                                                                                                                
MR. MARTINSON relayed that proposed AS 08.85.110(3) says:                                                                       
                                                                                                                                
     may not  have been convicted  of a crime  of dishonesty                                                                    
     or sexual  misconduct, as defined by  the department in                                                                    
     any jurisdiction that the department determines                                                                            
          (A) directly relates to the applicant's capacity                                                                      
     to perform the duties of a private investigator; and                                                                       
          (B) provides grounds for denying licensure under                                                                      
     this chapter to protect the citizens of the state;                                                                         
                                                                                                                                
REPRESENTATIVE  SAMUELS surmised  that  proposed AS  08.85.110(2)                                                               
pertains   to   felony   convictions,  and   that   proposed   AS                                                               
08.85.110(3) pertains to sexual misconduct convictions.                                                                         
                                                                                                                                
CHAIR RAMRAS  relayed that  he will be  offering an  amendment to                                                               
remove the  10-year threshold; this  will result in  those who've                                                               
been convicted of a felony being excluded altogether.                                                                           
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that proposed  AS  08.85.110(3)                                                               
doesn't contain a  time limit; regardless of  when the conviction                                                               
occurred, the person would be excluded.                                                                                         
                                                                                                                                
2:08:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG  turned   attention  to   proposed  AS                                                               
08.85.750, which says:                                                                                                          
                                                                                                                                
     Immunity  for  complainants.   An  action  may  not  be                                                                  
     brought against  a person for damages  resulting from a                                                                    
     complaint  filed  in  good faith  with  the  department                                                                    
     about a person licensed  a holding or certificate under                                                                    
     this chapter.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether  the bill  should require                                                               
that  there  be  some  reasonable  basis in  fact  for  filing  a                                                               
complaint.                                                                                                                      
                                                                                                                                
MR. LEWIS  indicated that he's  not aware of any  situations that                                                               
would warrant such a requirement.                                                                                               
                                                                                                                                
2:11:44 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 158.                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG made  a motion to adopt  Amendment 1, as                                                               
amended  to  fit Version  E,  whereupon  it then  read  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 13, following line 16:                                                                                                
          Insert a new bill section to read:                                                                                    
       "*Sec. 3. AS 12.62.400 is amended by adding a new                                                                        
     paragraph to read:                                                                                                         
          (15) licensure as a private investigator or                                                                           
     private investigator agency under AS 08.85."                                                                               
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
CHAIR  RAMRAS asked  whether there  were any  objections.   There                                                               
being none, Amendment 1 was adopted.                                                                                            
                                                                                                                                
2:12:21 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  made a motion  to adopt Conceptual Amendment  2, to                                                               
delete from page  2, line 16-17, the words,  "in any jurisdiction                                                               
in the 10 years  preceding license application"; under Conceptual                                                               
Amendment 2,  he clarified, proposed AS  08.85.110(2) would read:                                                               
"may not have been convicted of a felony;".                                                                                     
                                                                                                                                
REPRESENTATIVE  HOLMES suggested  instead leaving  in the  words,                                                               
"in  any jurisdiction"  to clarify  that it  would also  apply to                                                               
felony convictions that occur outside of Alaska.                                                                                
                                                                                                                                
CHAIR RAMRAS  [made a  motion to  amend] Conceptual  Amendment 2,                                                               
such that  proposed AS  08.85.110(2) would then  read:   "may not                                                               
have been convicted of a felony in any jurisdiction;".                                                                          
                                                                                                                                
MR. LEWIS, in  response to a question, said he  knows of at least                                                               
two  investigators with  20-plus years  of experience  that would                                                               
not be  able to  obtain licensure  under Amendment  2 if  it were                                                               
amended in that fashion.                                                                                                        
                                                                                                                                
CHAIR  RAMRAS surmised  that perhaps  a  20-year threshold  would                                                               
address that concern.                                                                                                           
                                                                                                                                
MR. LEWIS concurred.                                                                                                            
                                                                                                                                
CHAIR RAMRAS altered  the motion to amend  Conceptual Amendment 2                                                               
such that  "10" on  page 2,  line 17, would  be changed  to "20".                                                               
There being no objection, Amendment 2 was amended.                                                                              
                                                                                                                                
REPRESENTATIVE COGHILL objected, and  raised a question about the                                                               
statute of limitations.                                                                                                         
                                                                                                                                
REPRESENTATIVE   GRUENBERG  pointed   out  that   a  statute   of                                                               
limitations  pertains  to whether  a  person  can be  prosecuted,                                                               
whereas  proposed   AS  08.85.110(2)  pertains  to   a  licensure                                                               
restriction on someone who has already been convicted.                                                                          
                                                                                                                                
REPRESENTATIVE  HOLMES and  REPRESENTATIVE COGHILL  removed their                                                               
objections.                                                                                                                     
                                                                                                                                
CHAIR RAMRAS  announced that Conceptual Amendment  2, as amended,                                                               
was adopted.                                                                                                                    
                                                                                                                                
2:16:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved  to report the proposed  CS for HB
158, Version  25-LS0442\E, Bullard,  3/14/07, as amended,  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG interjected  to disclose  that the  law                                                               
firm for  which Mr. Lewis  works, and perhaps Mr.  Lewis himself,                                                               
has done work for him and his family.                                                                                           
                                                                                                                                
CHAIR  RAMRAS,  noting  that  there were  no  objections  to  the                                                               
motion, stated  that CSHB  158(JUD) was  reported from  the House                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
HB 151 - INDEMNITY CLAUSE IN PUBLIC CONTRACTS                                                                                 
                                                                                                                                
2:17:17 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE  BILL NO.  151, "An  Act requiring  an indemnification  and                                                               
hold  harmless provision  in professional  services contracts  of                                                               
state  agencies,   quasi-public  agencies,   municipalities,  and                                                               
political  subdivisions."     [Before  the  committee   was  CSHB
151(STA); included  in members' packets was  a proposed committee                                                               
substitute  (CS)  for  HB 151,  Version  25-LS0479\L,  Bannister,                                                               
3/28/07.]                                                                                                                       
                                                                                                                                
2:18:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAIG  JOHNSON, Alaska State  Legislature, sponsor                                                               
by  request, explained  that  HB 151  will  require that  uniform                                                               
indemnification  and  hold  harmless provisions  be  included  in                                                               
professional services  contracts for  all public  agencies within                                                               
the  state.   He suggested  that the  proposed changes  are sound                                                               
public  policy  and  will   constitute  fair  business  practices                                                               
between  the public  and private  sector.   House  Bill 151  will                                                               
ensure accountability  for all  parties involved  in professional                                                               
services contracts,  will prevent  one party from  being absolved                                                               
of  its   own  negligence,  and   will  save  the   state  money.                                                               
Currently,  in some  contracts that  are  signed by  the state  -                                                               
specifically those relayed to construction  and engineering - the                                                               
designer is  required to hold state  agencies harmless regardless                                                               
of who is responsible for a negligent act.                                                                                      
                                                                                                                                
REPRESENTATIVE JOHNSON, in response  to comments, relayed that he                                                               
sponsored  HB 151  at  the request  of  the [Alaska  Professional                                                               
Design Council  (APDC)].   He explained that  HB 151  pertains to                                                               
state contracts,  not contracts  between private  individuals; HB
151  will  apply  the  language   currently  being  used  by  the                                                               
Department of Transportation & Public  Facilities (DOT&PF) to all                                                               
[construction-related  professional services  contracts of  state                                                               
agencies,  quasi-public agencies,  municipalities, and  political                                                               
subdivisions].  In  response to further comments,  he expressed a                                                               
desire  to   see  those  responsible  for   mistakes  being  held                                                               
accountable for those  mistakes, and suggested that  this will be                                                               
accomplished via HB 151.                                                                                                        
                                                                                                                                
CHAIR RAMRAS  suggested that  it is  the nature  of those  in the                                                               
construction  industry to  try and  absolve  themselves of  blame                                                               
when things go wrong.  He  observed that none of those expressing                                                               
an interest in  testifying on the bill are  contractors, and that                                                               
only architects and engineers have written letters of support.                                                                  
                                                                                                                                
REPRESENTATIVE   JOHNSON   indicated   that  he's   had   several                                                               
conversations with people in various  aspects of the construction                                                               
industry and  has not been  made aware  of any problems  with the                                                               
bill.   Currently, one can't  even buy insurance that  will allow                                                               
one to  indemnify someone else, so  every time someone bids  on a                                                               
state contract, he/she  is putting his/her company at  stake.  He                                                               
attempted to  assure the committee  that HB 151  won't circumvent                                                               
the  courts   but  will  instead   hold  the   appropriate  party                                                               
accountable  for  its  actions.   Presently,  some  of  the  best                                                               
engineers and  designers either don't  bid on a  contract because                                                               
they're  required to  indemnify the  other parties  or they  "bid                                                               
their project up  considerably" to cover the potential  cost.  He                                                               
concluded by suggesting  that people who are  not responsible for                                                               
an error shouldn't be held accountable for that error.                                                                          
                                                                                                                                
2:26:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES referred to  the definition of "consultant"                                                               
found on  page 2, line  24, and  asked whether the  provisions of                                                               
the bill would apply to sub-consultants.                                                                                        
                                                                                                                                
REPRESENTATIVE  JOHNSON offered  his understanding  that contract                                                               
law says  that the  contractor is the  responsible party  and the                                                               
subcontractors are  then responsible to that  contractor.  Again,                                                               
the bill  addresses contracts between state  agencies and private                                                               
companies.   In response to  another question, he  indicated that                                                               
the contractor  would be responsible  for any problems  caused by                                                               
the subcontractors.                                                                                                             
                                                                                                                                
REPRESENTATIVE   DAHLSTROM   offered   her   understanding   that                                                               
subcontractors must obtain "their own  bonding" - it would not be                                                               
the responsibility of the main contractor.                                                                                      
                                                                                                                                
REPRESENTATIVE JOHNSON  said he  would assume that  that's always                                                               
the case,  and that  a prudent contractor  would ensure  that the                                                               
subcontractors  were  properly  bonded.    He  characterized  the                                                               
current situation  in which a  designer or an engineer  is forced                                                               
to indemnify  the state agency regardless  of who is at  fault as                                                               
unfair.                                                                                                                         
                                                                                                                                
CHAIR  RAMRAS  referred  to   a  construction  project  involving                                                               
private entities wherein the roof  leaks but the contractor built                                                               
it  to the  specifications  of  the designer.    After reading  a                                                               
portion of one letter of support  from a designer, he again noted                                                               
that members' packets  don't contain any letters  of support from                                                               
contractors.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  suggested  that  in  the  aforementioned                                                               
situation the designer is at fault.                                                                                             
                                                                                                                                
CHAIR RAMRAS  argued, though, that that  designer isn't accepting                                                               
any of the liability.                                                                                                           
                                                                                                                                
REPRESENTATIVE  JOHNSON  surmised  that in  that  situation,  the                                                               
parties will have to go to court.   He again pointed out that the                                                               
bill doesn't pertain to contracts between private individuals.                                                                  
                                                                                                                                
REPRESENTATIVE SAMUELS  surmised that currently the  liability is                                                               
different  for a  university  project  than it  is  for a  DOT&PF                                                               
project.                                                                                                                        
                                                                                                                                
REPRESENTATIVE JOHNSON concurred.                                                                                               
                                                                                                                                
2:36:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to  adopt the  proposed committee                                                               
substitute  (CS)  for  HB 151,  Version  25-LS0479\L,  Bannister,                                                               
3/28/07, as the work draft.                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL objected for the purpose of discussion.                                                                  
                                                                                                                                
REPRESENTATIVE   JOHNSON  explained   that   Version  L   defines                                                               
"construction"  to  mean  the   process  of  building,  altering,                                                               
repairing,  maintaining,  improving, demolishing,  planning,  and                                                               
designing a public  highway, a structure, a  building, a utility,                                                               
infrastructure, or  another public improvement to  real property,                                                               
but does not mean the routine operation of a public improvement.                                                                
                                                                                                                                
REPRESENTATIVE   GRUENBERG   noted   that   the   definition   of                                                               
"professional services" in AS 36.30.990  - which is referenced on                                                               
page 2, line 26, of Version  L - does not include contractors; AS                                                               
36.30.990(19) says:                                                                                                             
                                                                                                                                
          (19) "professional services" means professional,                                                                      
     technical,   or   consultant's    services   that   are                                                                    
     predominantly intellectual in  character, result in the                                                                    
     production of  a report  or the  completion of  a task,                                                                    
     and    include   analysis,    evaluation,   prediction,                                                                    
     planning, or recommendation;                                                                                               
                                                                                                                                
REPRESENTATIVE JOHNSON said that  those listed in that definition                                                               
are  the  ones  who  are  currently  required  to  hold  harmless                                                               
everyone down  the line regardless  of fault.   In response  to a                                                               
question, he  indicated that the  bill is meant to  indemnify the                                                               
designer against a contractor's [mistake].                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG  surmised  that  the goal  is  to  have                                                               
liability apportioned fairly between the parties.                                                                               
                                                                                                                                
CHAIR RAMRAS and REPRESENTATIVE JOHNSON concurred.                                                                              
                                                                                                                                
CHAIR RAMRAS  asked that people  in the construction  industry be                                                               
contacted to determine their view on HB 151.                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  agreed to  do so,  and indicated  that he                                                               
wants everyone to  be liable for their own  errors and omissions.                                                               
In  response to  a question,  he offered  his understanding  that                                                               
currently the bill will only apply to architects and engineers.                                                                 
                                                                                                                                
2:44:11 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  referred to  the University  of Alaska  museum, and                                                               
said he is  questioning whether the bill will  unfairly shift the                                                               
burden of liability to contractors.                                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL  removed his objection to  the adoption of                                                               
Version L as the work draft.                                                                                                    
                                                                                                                                
CHAIR RAMRAS stated that Version L was before the committee.                                                                    
                                                                                                                                
[HB 151, Version L, was held over.]                                                                                             
                                                                                                                                
HB 182 - OFFERING PROMOTIONAL CHECKS                                                                                          
                                                                                                                                
2:46:35 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE  BILL NO.  182,  "An  Act making  the  offering of  certain                                                               
promotional checks an unfair or deceptive act or practice."                                                                     
                                                                                                                                
2:46:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to  adopt the  proposed committee                                                               
substitute  (CS)  for  HB 182,  Version  25-LS0650\M,  Bannister,                                                               
3/22/07, as the work draft.   There being no objection, Version M                                                               
was before the committee.                                                                                                       
                                                                                                                                
REPRESENTATIVE  LYNN,  speaking  as  the  sponsor,  said  HB  182                                                               
pertains  to [promotional]  checks, usually  written for  no more                                                               
than $3  or $4,  but which  are actually  contracts that  go into                                                               
effect once the  checks are cashed.  For example,  last year, the                                                               
Department of Law  (DOL) settled a lawsuit  against a California-                                                               
based company  that had sent  Alaskans what appeared to  be small                                                               
rebates  but  which  were  in   fact  contracts  for  advertising                                                               
services valued  at $179.  House  Bill 182 will prohibit  the use                                                               
of  such  checks,  which, he  relayed,  the  consumer  protection                                                               
section  of the  DOL  considers to  be a  classic  example of  an                                                               
unfair,  deceptive  act or  practice  as  defined in  state  law.                                                               
Passage of HB  182 will allow the DOL to  take enforcement action                                                               
on such practices,  and companies that violate  this proposed law                                                               
will be subject to a civil  penalty of between $1,000 and $25,000                                                               
per violation.                                                                                                                  
                                                                                                                                
2:52:08 PM                                                                                                                    
                                                                                                                                
CLYDE   (ED)   SNIFFEN,    JR.,   Assistant   Attorney   General,                                                               
Commercial/Fair  Business  Section, Civil  Division  (Anchorage),                                                               
Department of  Law (DOL), said that  the DOL is pleased  that the                                                               
sponsor has introduced  the bill, which he  characterized as good                                                               
legislation.   He mentioned  that the DOL  does have  examples of                                                               
consumers in  Alaska who have  been harmed by  the aforementioned                                                               
practice.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  whether  the word  "check" -  as                                                               
used on page 1, line 5 - is broad enough.                                                                                       
                                                                                                                                
MR.  SNIFFEN offered  his  belief that  it  is, particularly  for                                                               
enforcement  purposes, and  that everyone  understands what  that                                                               
term  means, though  he acknowledged  that  the term  "negotiable                                                               
instrument" could be used in its  stead.  In response to comments                                                               
and  another question,  he opined  that the  current language  of                                                               
Version M - which his office drafted - is sufficient as is.                                                                     
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 182.                                                                                     
                                                                                                                                
2:54:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved  to report the proposed  CS for HB
182, Version  25-LS0650\M, Bannister,  3/22/07, out  of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
note.  There being no  objection, CSHB 182(JUD) was reported from                                                               
the House Judiciary Standing Committee.                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 2:55 p.m.                                                                 

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