Legislature(2007 - 2008)CAPITOL 17

03/26/2008 03:00 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 149 REDISTRIBUTION OF USED EYEGLASSES;OPT BD. TELECONFERENCED
Moved Out of Committee
*+ HB 258 PAWNBROKERS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         March 26, 2008                                                                                         
                           3:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Mark Neuman, Vice Chair                                                                                          
Representative Carl Gatto                                                                                                       
Representative Gabrielle LeDoux                                                                                                 
Representative Jay Ramras                                                                                                       
Representative Robert L. "Bob" Buch                                                                                             
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 149                                                                                                             
"An Act relating to redistribution of used eyeglasses."                                                                         
                                                                                                                                
     - MOVED CSSB 149(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 258                                                                                                              
"An Act relating to pawnbrokers; and providing for an effective                                                                 
date."                                                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 149                                                                                                                  
SHORT TITLE: REDISTRIBUTION OF USED EYEGLASSES;OPT BD.                                                                          
SPONSOR(s): SENATOR(s) THERRIAULT                                                                                               
                                                                                                                                
03/30/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/30/07       (S)       L&C, HES                                                                                               
02/19/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/19/08       (S)       Heard & Held                                                                                           
02/19/08       (S)       MINUTE(L&C)                                                                                            
02/26/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/26/08       (S)       Moved CSSB 149(L&C) Out of Committee                                                                   
02/26/08       (S)       MINUTE(L&C)                                                                                            
02/27/08       (S)       L&C RPT CS  5DP   NEW TITLE                                                                            
02/27/08       (S)       DP: ELLIS, BUNDE, DAVIS, STEVENS,                                                                      
                         HOFFMAN                                                                                                
03/10/08       (S)       HES AT 5:00 PM BUTROVICH 205                                                                           
03/10/08       (S)       Moved CSSB 149(L&C) Out of Committee                                                                   
03/10/08       (S)       MINUTE(HES)                                                                                            
03/12/08       (S)       HES RPT CS(L&C)  4DP                                                                                   
03/12/08       (S)       DP: DAVIS, ELTON, THOMAS, DYSON                                                                        
03/14/08       (S)       TRANSMITTED TO (H)                                                                                     
03/14/08       (S)       VERSION: CSSB 149(L&C)                                                                                 
03/17/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/17/08       (H)       L&C                                                                                                    
03/26/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
                                                                                                                                
BILL: HB 258                                                                                                                  
SHORT TITLE: PAWNBROKERS                                                                                                        
SPONSOR(s): REPRESENTATIVE(s) ROSES                                                                                             
                                                                                                                                
05/13/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/13/07       (H)       L&C, JUD                                                                                               
03/17/08       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
03/17/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/17/08       (H)       L&C, JUD                                                                                               
03/26/08       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DAVE STANCLIFF, Staff                                                                                                           
to Senator Gene Therriault                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SB 149 on behalf of the prime                                                                  
sponsor, Senator Gene Therriault.                                                                                               
                                                                                                                                
HOWARD RIXIE                                                                                                                    
Aurora Borealis Lions Eyeglass Recycling Center                                                                                 
North Pole, Alaska                                                                                                              
POSITION STATEMENT:  Testified in support of SB 149.                                                                          
                                                                                                                                
JOSH APPLEBEE, Staff                                                                                                            
to Representative Bob Roses                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 258 on behalf of the prime                                                                  
sponsor, Representative Bob Roses.                                                                                              
                                                                                                                                
ALEX VAUGHAN, Vice-President                                                                                                    
Governmental Relations                                                                                                          
Cash America International                                                                                                      
Fort Worth, Texas                                                                                                               
POSITION STATEMENT:  Testified in support of HB 258.                                                                          
                                                                                                                                
KENNETH GUDGEN, Market Manager                                                                                                  
Cash America Alaska                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 258.                                                                          
                                                                                                                                
MARK DAVIS, Davis, Director                                                                                                     
Division of Corporations, Business, and Professional Licensing                                                                  
Juneau Office                                                                                                                   
Department of Commerce, Community, & Economic Development                                                                       
(DCCED)                                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 258.                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR KURT  OLSON called  the House  Labor and  Commerce Standing                                                             
Committee  meeting  to  order at  3:08:13  PM.    Representatives                                                             
Gatto,  Buch, Gardner,  and Olson  were  present at  the call  to                                                               
order.   Representatives  LeDoux, Ramras,  and Neuman  arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
SB 149-REDISTRIBUTION OF USED EYEGLASSES;OPT BD.                                                                              
                                                                                                                                
3:08:52 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced  that the first order of  business would be                                                               
SENATE BILL NO.  149, "An Act relating to  redistribution of used                                                               
eyeglasses."                                                                                                                    
                                                                                                                                
3:09:14 PM                                                                                                                    
                                                                                                                                
DAVE STANCLIFF,  Staff to Senator  Gene Therriault,  Alaska State                                                               
Legislature, explained  the history of  SB 149.  He  offered that                                                               
the  Lions  Clubs  of  Alaska  requested  specific  authority  in                                                               
statute   to  allow   them  to   fit  clients   with  refurbished                                                               
eyeglasses.   Clients  would submit  prescriptions and  the Lions                                                               
Club  of Alaska  would fit  them with  eyeglasses donated  to the                                                               
club.   The  Lions Club  of Alaska  estimates that  approximately                                                               
1,500 Alaskans  would benefit from  SB 149.   This bill  does not                                                               
require  that a  specific organization  be granted  carte blanche                                                               
authority.    Thus,  SB  149   would  provide  that  a  nonprofit                                                               
organization  must be  approved  by the  Department of  Commerce,                                                               
Community,  &   Economic  Development  (DCCED)   to  redistribute                                                               
eyeglasses,  he  explained.   Under  current  statutes, the  only                                                               
people  who  can  fit  a   person  for  eyeglasses  are  licensed                                                               
optometrists or  opticians.   The nonprofit  would work  with the                                                               
DCCED to  demonstrate its ability  to meet the  state's standards                                                               
set by regulation.  If the  DCCED granted permission to the Lions                                                               
Clubs  of  Alaska,  a person  would  present  their  prescription                                                               
obtained from an  optometrist or licensed physician  to the Lions                                                               
Club  of  Alaska,  who  would  fit the  person  with  a  pair  of                                                               
eyeglasses.  He offered that SB 149 has not had any opposition.                                                                 
                                                                                                                                
3:11:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BUCH inquired  as to  who would  determinate that                                                               
the eyeglasses are the appropriate prescription for the person.                                                                 
                                                                                                                                
MR.  STANCLIFF  answered  that the  Lions  Clubs  have  routinely                                                               
performed  these duties  in  other states  and  are equipped  and                                                               
trained to  do so.   The state  would ascertain the  program, the                                                               
qualifications,  and  the  methods  and means  to  implement  the                                                               
program.                                                                                                                        
                                                                                                                                
3:13:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH  inquired as  to whether a  prescription that                                                               
is close  but is not  an exact  prescription match will  harm the                                                               
client.    He  asked  if  other groups  could  provide  the  same                                                               
service.                                                                                                                        
                                                                                                                                
MR. STANCLIFF responded  that he is not aware of  any other group                                                               
so  qualified  as the  Lions  Club  since  the Lions  Clubs  have                                                               
acquired   vast  experience   through  its   program  to   donate                                                               
eyeglasses  to the  needy in  other countries.   However,  SB 149                                                               
would allow other nonprofits to qualify.                                                                                        
                                                                                                                                
3:14:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  related that  when she  needs eyeglasses,                                                               
she purchases  them at  Costco, Inc. and  the eyeglasses  are not                                                               
fitted to her and are not prescribed by any state standards.                                                                    
                                                                                                                                
MR.  STANCLIFF  answered that  the  current  state standards  are                                                               
those required  of a licensed  optometrist.   He said he  was not                                                               
sure  what  the  state  would  require of  the  Lions  Club,  but                                                               
probably its  staff and volunteers  would need to  know technical                                                               
knowledge.    He  pointed  out  that  the  Lions  Clubs  have  an                                                               
international record in operating  similar programs.  He referred                                                               
to page 2, line  24, of SB 149, and noted  that language that was                                                               
added  in the  other body  reads "  ... conforms,  to the  extent                                                               
possible ...".  He explained that  the Lions Clubs raise funds to                                                               
pay for  eye examinations so  that everyone who  needs eyeglasses                                                               
can obtain a decent pair of eyeglasses.                                                                                         
                                                                                                                                
3:17:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER characterized the  Lions Clubs' program to                                                               
recycle  eyeglasses  as  a  wonderful   program  that  she  fully                                                               
supports.  She inquired as to  the necessity for a person to have                                                               
a prescription in order to access the recycled eyeglasses.                                                                      
                                                                                                                                
MR. STANCLIFF answered that he is  not sure why a prescription is                                                               
required.   He  surmised that  policy makers  set what  they must                                                               
have  considered   to  be  a   reasonable  standard,   such  that                                                               
prescriptions  must be  written under  a licensed  optometrist or                                                               
opthalmologist.                                                                                                                 
                                                                                                                                
3:19:01 PM                                                                                                                    
                                                                                                                                
HOWARD RIXIE,  Aurora Borealis  Lions Eyeglass  Recycling Center,                                                               
explained  that he  speaks on  behalf of  approximately 75  Lions                                                               
Clubs in Alaska.   The Lions Clubs of Alaska  all support SB 149.                                                               
He  provided  some background  information  on  the Lions  Clubs'                                                               
longstanding   efforts  to   assist   the   needy  in   obtaining                                                               
eyeglasses.   He  related that  in 1925,  Helen Keller  asked the                                                               
Lions Clubs  to help  fix preventable blindness.   He  noted that                                                               
the  Lions Clubs  take  an  active part  in  the crusade  against                                                               
darkness.   He  asked  Senator Therriault  to  sponsor this  bill                                                               
because  of  two projects  the  Lions  Clubs strongly  support  -                                                               
eyeglasses recycling and  eye care for the  needy.  Approximately                                                               
1,500 people  are referred  annually to the  Lions Clubs  for eye                                                               
exams,  eyeglasses, or  for major  eye care  such as  surgery, he                                                               
noted.  He  explained the typical process is  that someone refers                                                               
a needy client to  a Lions Club.  The Lions  Club would refer the                                                               
person to a local state public  assistance such as the Denali Kid                                                               
Care to establish  the validity of the need.   Once the client is                                                               
found  to be  truly in  need,  the Lions  Club would  financially                                                               
sponsor the  person.  In  Interior Alaska,  the Lions Club  has a                                                               
long standing  agreement with  local eye  doctors to  provide eye                                                               
exams at  a flat  rate of $60  and eyeglasses at  a flat  rate of                                                               
$110.   The  total  cost is  $170 for  each  person assisted,  he                                                               
stated.    The  cost  of  eye care  programs  for  the  needy  is                                                               
daunting, he opined, and many times  needy people are placed on a                                                               
waiting list until financial resources become available.                                                                        
                                                                                                                                
MR.  RIXIE  explained that  the  Aurora  Borealis Lions  Eyeglass                                                               
Recycling project  collects approximately 30,000 to  40,000 pairs                                                               
of eyeglasses, which are sent  to their recycling center in North                                                               
Pole.    At  that  location,  volunteers  sort,  clean,  inspect,                                                               
repair,  package,   and  ship   approximately  30,000   pairs  of                                                               
eyeglasses  throughout the  world to  support vision  care health                                                               
missions  in the  third world  countries.   Although third  world                                                               
countries  are served,  he noted  that many  people in  Alaska go                                                               
without services.  The Lions  Clubs researched whether eyeglasses                                                               
could be redistributed  in Alaska.  Although  the Alaska statutes                                                               
don't preclude  it, the  statutes do  not specifically  enable or                                                               
address  redistribution  of  eyeglasses in  Alaska,  he  offered.                                                               
Thus, to  ensure that  the Lions  Clubs can  legally redistribute                                                               
recycled   eyeglasses,  the   Lions   Clubs  approached   Senator                                                               
Therriault  and requested  statutory  clarification.   The  Lions                                                               
Clubs envision  each optometrist  or opthalmologist  would donate                                                               
one or two  Saturdays annually to perform  free eye examinations.                                                               
The  Lions Clubs  would  offer free  examinations  once or  twice                                                               
monthly.   Additionally, the  Lions Clubs  hope that  among their                                                               
thousands of  donated ready-to-wear eyeglasses, the  client would                                                               
find a  pair of eyeglasses  that would match  their prescription.                                                               
He stated that the Lions Clubs  don't want to "corner the market"                                                               
on  filling this  need, but  supports enabling  statutes so  that                                                               
people who  need eyeglasses will  be able  to receive them.   One                                                               
concern  is  that  the  Lions   Clubs  will  take  income  making                                                               
opportunities away  from eye care  professionals.  But  he argued                                                               
that if  the Lions Clubs did  not serve the needs  of these needy                                                               
people, they  would never get an  eye exam or a  pair of glasses.                                                               
These folks  are not active  consumers in the eye  care industry,                                                               
he opined.  And they won't  become consumers until they have jobs                                                               
that produce  sufficient income that  places quality of  life and                                                               
vision sufficiently  in the  forefront for the  need to  be acted                                                               
upon.  Most, if  not all of the people served  by the Lions Clubs                                                               
are homeless,  battered, displaced, or  severely poor.   He urged                                                               
the committee to support SB 149.                                                                                                
                                                                                                                                
MR. RIXIE defined the three types  of eye care professionals.  He                                                               
stated that  an opthalmologist primarily studies  eye disease and                                                               
performs  surgeries; an  optometrist provides  prescriptions, and                                                               
an  optician processes  the prescription,  orders the  eyeglasses                                                               
from the  manufacturer, and fits  the eyeglasses for  the client.                                                               
The Lions  Clubs ideally  would partner  with opticians  or would                                                               
work towards  the goal  of performing  the services  the optician                                                               
performs.  Under  SB 149, an optician would  provide his services                                                               
at a clinic and provide the  Lions Club with a prescription.  The                                                               
Lions Club would sort through  the recycled eyeglasses to provide                                                               
a perfect  or "near perfect  fit" and  would fit the  client with                                                               
eyeglasses.  Currently, the Lions  Clubs provide clients in third                                                               
world countries with  a "near perfect fit."  Under  the bill, the                                                               
Lions Clubs  would work  with the state  to develop  the standard                                                               
for  "near  perfect fit"  such  as  reaching  within .25  of  the                                                               
prescription, for  a prescription of  1.50.  Not  all communities                                                               
are currently served by optometrists  or opticians, especially in                                                               
rural Alaska,  he noted.  Therefore,  the Lions Club may  need to                                                               
teleconference  with the  appropriate  professional  in order  to                                                               
serve the client.                                                                                                               
                                                                                                                                
3:26:57 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after first  determining  no  one else  wished  to                                                               
testify, closed public testimony on SB 149.                                                                                     
                                                                                                                                
3:27:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER inquired as to  whether it is essential to                                                               
require  a prescription  for recycled  eyeglasses.   She  related                                                               
that second hand  stores have stacks of donated  eyeglasses and a                                                               
person decides which pair of eyeglasses to select.                                                                              
                                                                                                                                
REPRESENTATIVE  RAMRAS stated  that  the  Hippocratic Oath  [that                                                               
sets  the  ethical  standard  for  physicians]  requires  medical                                                               
personnel to "do  no harm".  He related his  understanding of the                                                               
program  is  for people  to  obtain  a correct  prescription  for                                                               
eyeglasses and he cautioned members  not to degrade the degree of                                                               
service.   He  related his  own experience  in wearing  the wrong                                                               
prescription  which  resulted in  a  headache.   He  opined  that                                                               
selecting  ones  own eyeglasses  would  not  be appropriate  care                                                               
since the eyeglasses need to fit the prescription.                                                                              
                                                                                                                                
REPRESENTATIVE GARDNER  suggested that the committee  not let the                                                               
principle of perfection become the  enemy.  She acknowledged that                                                               
it  is great  to  have perfect  fit.   However,  for many  people                                                               
without  the means  to  afford eye  care a  near  perfect may  be                                                               
adequate, she opined.   She also noted that some  places in rural                                                               
Alaska may need to use accommodations such as telemedicine.                                                                     
                                                                                                                                
3:29:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   inquired  as  to  whether   current  law                                                               
restricts who can sell eyeglasses.                                                                                              
                                                                                                                                
MR.  STANCLIFF  answered that  currently  a  person can  purchase                                                               
eyeglasses off  the rack that  the person feels  corrects his/her                                                               
vision.     He  pointed   out  the  Lions   Club  and   eye  care                                                               
professionals  take  that  a step  further  [by  determining  the                                                               
specific prescription of each lens.]                                                                                            
                                                                                                                                
REPRESENTATIVE LEDOUX inquired  as to whether the  Lions Clubs in                                                               
Alaska  are  prevented from  helping  people  to obtain  recycled                                                               
eyeglasses unless SB 149 passes the legislature.                                                                                
                                                                                                                                
MR.  RIXIE explained  that currently  in Alaska  the Lions  Clubs                                                               
work with local  eye doctors to provide a subsidy  for clients to                                                               
purchase  the eyeglasses.   Thus  far, the  Lions Clubs  have not                                                               
been  able   to  redistribute  eyeglasses  since   the  eye  care                                                               
professionals are  opposed to  redistribution by  allowing people                                                               
to select  their own  pair of  eyeglasses.   He offered  that the                                                               
Lions Clubs  want to provide  a quality service to  people rather                                                               
than to  have them  randomly select eyeglasses.   He  pointed out                                                               
that  there are  50,000 possible  prescriptions.   He noted  that                                                               
their program  would work  to closely fit,  if not  perfectly fit                                                               
the client.   If the prescription did not fit  exactly, the Lions                                                               
Club would prefer  to offer the client eyeglasses  that are under                                                               
their  prescription  rather  than  over  their  prescription,  he                                                               
stated.                                                                                                                         
                                                                                                                                
3:32:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  related her  understanding that  the Lions                                                               
Club could not allow people  to sort through eyeglasses to select                                                               
their own pair.   She reiterated that stores such  as Wal-Mart or                                                               
second hand  stores are selling  eyeglasses that  people randomly                                                               
select, so  she said she did  not understand why the  Lions Clubs                                                               
could not do the same thing.                                                                                                    
                                                                                                                                
MR. RIXIE  said he  could not fully  explain the  reason Wal-Mart                                                               
can  sell  eyeglasses  from  a   rack.    He  surmised  that  the                                                               
eyeglasses  that  the  Lions Clubs  would  recycle  are  actually                                                               
eyeglasses prescribed  specifically for someone else.   He echoed                                                               
his  earlier testimony  that the  interpretation  the Lions  Club                                                               
received  was that  the statutes  do not  enable or  disallow the                                                               
Lion's  Club   from  performing  the  distribution   of  recycled                                                               
eyeglasses.   Since  the Lions  Club wants  to be  on firm  legal                                                               
ground,  it  has  asked  the  legislature  for  clarification  in                                                               
statute.  He  also surmised that without the  statute change that                                                               
the  Lions  Club  might  have  some  liability  if  someone  wore                                                               
eyeglasses dispensed by them and complained.                                                                                    
                                                                                                                                
3:34:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  inquired as  to whether  there is  a legal                                                               
need for SB 149.                                                                                                                
                                                                                                                                
MR.  STANCLIFF explained  that  as a  nonprofit,  the Lions  Club                                                               
takes its  responsibilities seriously.   Thus, the Lions  Club of                                                               
Alaska approached  policymakers since it  wants to work  with the                                                               
state agency to  set standards to provide the  best possible care                                                               
for people  in need  of eyeglasses.   He characterized  the Lions                                                               
Club efforts  as benevolent.   He said  he applauds  the approach                                                               
that the Lions Club has taken with respect to SB 149.                                                                           
                                                                                                                                
3:36:15 PM                                                                                                                    
                                                                                                                                
MR.  STANCLIFF,  in response  to  Representative  Gatto, said  he                                                               
couldn't  answer  if  the  Lions  Club would  be  free  from  any                                                               
liability.   However, he said  he believes that taking  the route                                                               
of working  with a state  agency to develop standards  offers the                                                               
Lions Club the best protection against liability.                                                                               
                                                                                                                                
MR. RIXIE acknowledged  that the Lions Club does  not expect that                                                               
its clubs  will be totally free  from liability.  He  pointed out                                                               
that the  International Lions Club  is protected by a  $1 million                                                               
liability  insurance  policy.   He  characterized  SB 149  as  an                                                               
equitable  compromise.    He  related that  the  Lions  Club  has                                                               
attempted to  abide by the  principle of  "doing no harm"  in the                                                               
process of  trying to make  available 40,000 pairs  of eyeglasses                                                               
to Alaskans                                                                                                                     
                                                                                                                                
3:38:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER  asked   whether   eyeglasses  have   an                                                               
identifier or if someone must calculate the prescription.                                                                       
                                                                                                                                
MR. RIXIE  answered that the  prescription is usually  printed on                                                               
the sides  of the  frame on eyeglasses  purchased at  Wal-Mart or                                                               
similar stores.   However, the  ones generated by an  optician or                                                               
optometrist do  not imprint the  prescription on  the eyeglasses.                                                               
He surmised  that may be because  a person's vision is  often not                                                               
the same  in each eye.   Thus, most  of the eyeglasses  the Lions                                                               
Clubs receive from  donors are sent through a lens  meter.  Thus,                                                               
the Lions  Club volunteer  would read  the prescription  for each                                                               
lens, print a label for each  lens, and would adhere the label to                                                               
the  outside  of  the  bag.   He  characterized  the  process  as                                                               
efficient and precise.                                                                                                          
                                                                                                                                
3:39:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  moved to  report  CSSB  149(L&C) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  149(L&C)  was                                                               
reported from the House Labor and Commerce Standing Committee.                                                                  
                                                                                                                                
3:40:06 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:40 p.m. to 3:42 p.m.                                                                       
                                                                                                                                
HB 258-PAWNBROKERS                                                                                                            
                                                                                                                                
3:42:51 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  final order of business would be                                                               
HOUSE  BILL  NO.  258,  "An  Act  relating  to  pawnbrokers;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
3:43:08 PM                                                                                                                    
                                                                                                                                
JOSH APPLEBEE,  Staff to Representative  Bob Roses,  Alaska State                                                               
Legislature, on  behalf of the prime  sponsor, Representative Bob                                                               
Roses,  explained  that  HB  258   will  modernize,  update,  and                                                               
regulate the  pawnbroker industry.   This bill would  provide new                                                               
provisions  to create  licensure, fee  structure, and  regulatory                                                               
framework  for the  industry.   The  bill would  provide a  grace                                                               
period  for  military  members, standardize  the  fee  structure,                                                               
require  a   biennial  report  to  the   legislature,  and  would                                                               
institute a 30  day grace period for customers  to retrieve their                                                               
personal  belongings.   He highlighted  that  the sponsor  worked                                                               
over the  legislative interim with the  Division of Corporations,                                                               
Business, and Professional Licensing  (DCBPL) and the industry on                                                               
issues with HB 258.  He noted that AARP supports HB 258.                                                                        
                                                                                                                                
3:46:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  referred to page 2,  proposed AS 08.76.020                                                               
of  HB 258.   She  expressed concern  that the  pawnshop's "book"                                                               
will be open  to the inspection of a peace  officer at reasonable                                                               
times since  the book contains  confidential information  such as                                                               
someone's name  and address.   She inquired  as to  the rationale                                                               
for  disclosing  to the  government,  a  person's name,  address,                                                               
description of  the pledged  property, and  the amount  loaned to                                                               
the person.                                                                                                                     
                                                                                                                                
MR.  APPLEBEE  answered that  there  are  several instances  that                                                               
might arise  when a law  enforcement officer may need  to inspect                                                               
the  books  such  as  with   suspicion  of  theft  or  during  an                                                               
investigation.   He  pointed out  that currently  every financial                                                               
institution has this requirement in place for their loans.                                                                      
                                                                                                                                
3:48:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  referred to  page 2,  lines [1-12]  of HB
258  that lists  the information  that  must be  compiled in  the                                                               
pawnbroker's  book such  as the  date, name,  and address  of the                                                               
customer.   She inquired  as to whether  the customer  must prove                                                               
his/her age.                                                                                                                    
                                                                                                                                
MR. APPLEBEE answered that HB 258  requires that a person must be                                                               
18 years or  older so it would be incumbent  on the pawnbroker to                                                               
check identification of the person pledging the property.                                                                       
                                                                                                                                
3:49:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER referred  to  page 2,  lines 14-16,  that                                                               
reads,  "Blank lines  may  not  be left  between  entries."   She                                                               
expressed  concern  that  someone pledging  property  would  have                                                               
access  to personal  information of  prior customers  since blank                                                               
lines  may not  be  left between  entries.   She  inquired as  to                                                               
whether  the pawnbroker  would need  to maintain  a log  and also                                                               
need  to duplicate  the information  in an  electronic format  in                                                               
order to submit it.                                                                                                             
                                                                                                                                
MR. APPLEBEE explained that the  provisions in proposed Section 4                                                               
are intended to establish a  process in which the law enforcement                                                               
personnel or  auditor can  verify that  the pawn  transaction was                                                               
appropriately conducted.   He surmised  that a larger  city, such                                                               
as the Municipality of Anchorage,  would likely connect pawnshops                                                               
to  the  Anchorage  Police  Department  or  other  public  safety                                                               
offices.   Since  some unincorporated  boroughs or  towns do  not                                                               
have the ability  to submit data electronically,  HB 258 provides                                                               
for a  manual system  to accommodate  them.   He related  that if                                                               
property is  stolen and reported  to the police, that  the police                                                               
would have the ability to  check by computer all pawnshop entries                                                               
that may match the stolen item.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GARDNER offered  her belief  that this  provision                                                               
may be  an impediment  for owners  who may  have to  perform data                                                               
entry to list  items that are recorded in the  book.  She pointed                                                               
out  that   scanning  the  information  would   render  the  data                                                               
unsearchable.                                                                                                                   
                                                                                                                                
3:53:11 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that it  is not  his intention to  move HB
258 until the Department of Law is able to answer questions.                                                                    
                                                                                                                                
3:53:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  related   her  understanding   that  the                                                               
pawnshop  would   be  connected  electronically  to   the  police                                                               
department and asked for clarification of that process.                                                                         
                                                                                                                                
MR.  APPLEBEE  answered  that  it  is  possible  to  connect  the                                                               
pawnshops to the police departments  since the software currently                                                               
exists.    In  further  response to  Representative  LeDoux,  Mr.                                                               
Applebee related  that electronic programs are  designed to track                                                               
only the property,  such as the serial number  and description of                                                               
the item, and not information on  the person who pawned the item.                                                               
He noted  that the  specific information on  the seller  would be                                                               
held only at the pawnshop.                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX  inquired as to whether  problems currently                                                               
exist  that HB  258  would  remedy, such  as  preventing sale  of                                                               
stolen merchandise to pawnshops.                                                                                                
                                                                                                                                
MR.  APPLEBEE answered  that HB  258 would  afford some  level of                                                               
certainty that pawnshops won't be used for that purpose.                                                                        
                                                                                                                                
3:56:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH referred to page  2, line 27, and inquired as                                                               
to the method used to establish  that a person has good character                                                               
in order for  the person to secure  a license.  He  noted that he                                                               
didn't need  an immediate answer  to the question, but  wanted to                                                               
know generally the  process the agency would use  to determine if                                                               
a person had good character.                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked to add  to the list of questions the                                                               
reason to require that a person has prior business experience.                                                                  
                                                                                                                                
REPRESENTATIVE  BUCH  referred   to  page  3,  line   4,  to  the                                                               
requirement  for a  nonrefundable  initial  investigation fee  of                                                               
$200, and  inquired specifically  what type of  investigation the                                                               
fee would  entail.  He referred  to page 4, line  13, and further                                                               
asked  what   limitations  in  AS  08.76.210   are  pertinent  to                                                               
pawnshops.                                                                                                                      
                                                                                                                                
MR.  APPLEBEE answered  that payday  lenders  were separated  out                                                               
from  other lenders  in legislation  that passed  the legislature                                                               
two years  ago.   He highlighted  that the  pawnbroker businesses                                                               
are also required to be separated from other types of lending.                                                                  
                                                                                                                                
4:01:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER referred  to page 4, line  13, and related                                                               
her understanding  that this section  would remove the  $500 pawn                                                               
cash limit currently in statute.                                                                                                
                                                                                                                                
MR. APPLEBEE agreed that the cash limit would be removed.                                                                       
                                                                                                                                
REPRESENTATIVE GARDNER  referred to proposed AS  08.76.170, under                                                               
customer  and  transaction  limitations,   which  states  that  a                                                               
pawnbroker may not knowingly enter  into a pawnbroker transaction                                                               
with  a  person who  is  under  the  influence  of alcohol  or  a                                                               
controlled   substance.     She  pointed   out  that   this  same                                                               
restriction  is not  required for  a sale.   She  inquired as  to                                                               
whether these elements are intentionally treated differently.                                                                   
                                                                                                                                
MR. APPLEBEE answered that he doesn't  know if it is realistic to                                                               
prevent  people from  exercising  their right  to purchase  goods                                                               
even if the people are under  the influence of alcohol.  He noted                                                               
that  currently customers  are not  forbidden  from entering  any                                                               
other  store  to make  purchases  while  under the  influence  of                                                               
alcohol  or drugs.    Thus,  pawnshops are  treated  in the  same                                                               
manner as other stores.                                                                                                         
                                                                                                                                
REPRESENTATIVE GARDNER  related her  understanding that  under HB
258  that  a  person  could  not pawn  a  ring  while  under  the                                                               
influence  of  drugs  or  alcohol,  but  that  the  person  could                                                               
purchase one.                                                                                                                   
                                                                                                                                
MR. APPLEBEE answered that HB  258 provides some assurance that a                                                               
customer  will enter  into financial  transactions  with a  clear                                                               
head.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  LEDOUX  referred  to  page  4,  and  related  her                                                               
understanding  that proposed  AS  08.76.170 would  only apply  to                                                               
incoming property but not to  sales of merchandise.  She inquired                                                               
as  to whether  this section  could be  clarified so  that it  is                                                               
clear that the person who purchases items is excluded.                                                                          
                                                                                                                                
MR.  APPLEBEE answered  that  with respect  to  the customer  and                                                               
transaction limitations,  the intent of proposed  AS 08.76.170 is                                                               
to ensure that  the pawnbroker doesn't have a  customer under the                                                               
influence  of alcohol  or drugs  proceed into  transactions under                                                               
someone else's name.   He further stated that  this section could                                                               
be amended for clarification.                                                                                                   
                                                                                                                                
4:06:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX inquired as to  the purpose of the language                                                               
of proposed AS  08.76.180 that specifies listing the  name of the                                                               
person  purchasing property.    She pointed  out  that she  could                                                               
purchase items  at stores  such as Nordstrom's  and not  have her                                                               
name and address recorded.                                                                                                      
                                                                                                                                
MR. APPLEBEE answered  that under HB 248 if  something goes wrong                                                               
the bill provides  assurance that the transaction  can be traced.                                                               
Further, if  someone has a habit  of pawning items, it  may be an                                                               
indicator that the person is selling stolen merchandise.                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX pointed out  that a person might habitually                                                               
frequent pawnshops simply  to find nice ivory and  jewelry in the                                                               
shops.  She maintained her concern  that a jeweler is not held to                                                               
the same standard.                                                                                                              
                                                                                                                                
MR. APPLEBEE said  he believes that the intent is  to establish a                                                               
certain  level  of trustworthiness  since  pawnshops  have a  bad                                                               
reputation,  perhaps due  to the  way pawnshops  are depicted  in                                                               
films.    This  bill  attempts  to  make  the  process  open  and                                                               
transparent and help remove any stigma for pawnshops.                                                                           
                                                                                                                                
4:08:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN related that  from his own experiences that                                                               
he has  found some pawnshops to  be "top notch" and  noted he did                                                               
not share the  opinion depicted in some films.   He expressed his                                                               
concern  with respect  to  keeping a  record of  all  sales.   He                                                               
referred to page 3, [paragraph  (e)] and expressed concern that a                                                               
mid-level bureaucrat in the Department  of Commerce, Community, &                                                               
Economic Development  (DCCED) would be  in the position  to judge                                                               
the character  of the licensee.   He asked that  clarification of                                                               
the guidelines for  judging a person's character be  added to the                                                               
list of questions.                                                                                                              
                                                                                                                                
MR.  APPLEBEE,  in  response to  Representative  Neuman  said  he                                                               
believes that the application can be submitted electronically.                                                                  
                                                                                                                                
4:11:24 PM                                                                                                                    
                                                                                                                                
ALEX  VAUGHAN,   Vice-President,  Governmental   Relations,  Cash                                                               
America  International,   explained  that   his  business   is  a                                                               
publically  traded  company.   He  explained  that  Cash  America                                                               
International provides  financial services to  individuals across                                                               
the United States  in 942 locations.  His company  is the largest                                                               
provider of pawn  loans in the country, he opined.   Of their 499                                                               
pawnshops,  5 stores  are located  in  Anchorage, he  noted.   He                                                               
offered that Cash America International  supports HB 258 since it                                                               
            st                                                                                                                  
creates a 21   century regulatory structure for the industry.  He                                                               
opined that HB  258 would protect consumers and  customers.  This                                                               
bill provides licensing provisions,  oversight, and regulation by                                                               
a state  agency, which he said  he believes is important  for the                                                               
industry.   This bill contains  uniform standards  for licensing,                                                               
investigation fees to allow the  state to ensure that pawnbrokers                                                               
are  legitimate,  a  requirement   for  a  biennial  report,  and                                                               
strengthens  the  reporting  activities  to  police  departments.                                                               
This  bill   also  creates  consumer  protections   for  military                                                               
service, standardizes  the fee structure  for the initial  30 day                                                               
loan period, and  maintains the current finance rate.   This bill                                                               
allows  a 30  day grace  period  to allow  customers to  retrieve                                                               
their property.                                                                                                                 
                                                                                                                                
MR.  VAUGHAN highlighted  that HB  258  creates one  of the  most                                                               
modern  pawn  statutes in  the  country.    He opined  that  many                                                               
Americans  depend   on  pawnbrokers  to  help   them  meet  their                                                               
financial needs not offered by  other financial institutions.  He                                                               
offered that  pawn customers represent  the working  families who                                                               
periodically   experience  unexpected   needs   for  short   term                                                               
finances.   He said, "Pawn  loans help them keep  the electricity                                                               
on  and   the  rents  paid."     He  opined  that   Cash  America                                                               
International   constantly  works   to  enhance   the  image   of                                                               
pawnbrokers while offering  needed services to the  people in the                                                               
community.    He opined  that  their  stores are  attractive  and                                                               
welcoming  places  to  conduct  business.   He  noted  that  Cash                                                               
America  International is  a member  of  the National  Pawnbroker                                                               
Association whose mission is  to improve professional development                                                               
and  enhance  the  image  of   the  industry  by  advocating  for                                                               
pawnbroker rights, responsibilities,  and improving regulation of                                                               
the industry.                                                                                                                   
                                                                                                                                
MR. VAUGHAN described  the pawnbroker's process.   He stated that                                                               
a customer pledges his/her personal  property as collateral for a                                                               
loan.    When  the  customer   repays  the  loan  and  fees,  the                                                               
merchandise  is  returned.    Pawn loans  are  made  on  products                                                               
ranging  from jewelry  to  electronics. If  a  customer does  not                                                               
redeem his/her  property, there are  no credit  consequences, but                                                               
the property  becomes the  property of  the pawnbroker  who sells                                                               
the merchandise to  retail customers.  He noted  that the average                                                               
pawn loan  in the  United States  is $75, and  in Alaska  is $85.                                                               
Approximately  75 to  80 percent  of the  time, customers  redeem                                                               
their  property, he  noted.   The  redemption rate  in Alaska  is                                                               
approximately  51  percent.    The  length  of  terms  to  redeem                                                               
property  varies  between  states,  but  typically  a  pawnbroker                                                               
allows  customers   30  days,  with   some  states   allowing  an                                                               
additional 30 day  grace period.  Currently,  the Alaska statutes                                                               
allow  30 days  without a  grace period  for customers  to redeem                                                               
pawned  property.   The interest  rates  are set  at 20  percent,                                                               
which is  comparable with  other western states.   He  noted that                                                               
under HB  258, all  transactions would be  reported to  assist in                                                               
property crime investigations.  He opined  that it is in the best                                                               
interest of customers, coworkers,  and investors to eliminate any                                                               
potential   transaction  involving   stolen   merchandise.     He                                                               
acknowledged  the perception  in the  media and  in Hollywood  is                                                               
that  pawnshops are  pipelines used  by criminals.   However,  he                                                               
offered statistics that counter that  perception.  In the past 12                                                               
months ending in December 2007,  Cash America International's 485                                                               
stores handled  9.6 million  items and  advanced $525  million in                                                               
loans to  customers on  6 million transactions.   Of  those, only                                                               
4,484 transactions involved  police seizures, he opined.   Of the                                                               
127,000 items  in Alaska  resulting in $5.7  million in  loans on                                                               
7,976 transactions, only 32 resulted  in police holds or seizure.                                                               
Less than  one percent  of the  overall transactions  resulted in                                                               
police holds or seizures, he  offered.  He noted that pawnbrokers                                                               
have   the   responsibility   to   safeguard   their   customer's                                                               
information  under  federal law.    This  bill would  allow  Cash                                                               
America  International  to work  with  local  law enforcement  by                                                               
submitting  the   pawn  transaction  information,  but   not  the                                                               
customer  information.   Under the  bill,  The pawn  transactions                                                               
would be  held confidential and  release of information  would be                                                               
limited to investigation of stolen  property.  This bill provides                                                               
many  improvements  to  the regulatory  framework  in  which  all                                                               
pawnbrokers  can operate  profitably  while  providing the  state                                                               
regulatory oversight, he concluded.                                                                                             
                                                                                                                                
4:19:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  inquired as to whether  a pawnbroker would                                                               
provide the name of the customer to the police department.                                                                      
                                                                                                                                
MR. VAUGHAN answered that the police  would be able to access the                                                               
records   when  necessary   in  the   course  of   conducting  an                                                               
investigation  or an  audit in  electronic  or paper  form.   The                                                               
record  provided  to  the  police  agencies  would  only  be  the                                                               
description of the property and  information such as the date the                                                               
property  was pawned,  the  amount  of the  loan,  but would  not                                                               
include any  customer information.  Additionally,  if information                                                               
is sent electronically,  it would be encrypted  as required under                                                               
federal standards.                                                                                                              
                                                                                                                                
4:21:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX referred to  proposed section AS 08.76.010,                                                               
and noted that provision refers  to the types of information that                                                               
must be  maintained.  She  expressed concern that the  name, age,                                                               
and address of the customer  is listed, and that proposed Section                                                               
4  states that  the book  shall be  open to  the inspection  of a                                                               
peace officer at reasonable times.                                                                                              
                                                                                                                                
MR.  VAUGHAN answered  that  the records  are  maintained at  the                                                               
store.   An officer or  agent of the  state would have  access to                                                               
records at  his store  to ensure that  the pawnbroker  is meeting                                                               
the  requirements.    However,  information  transmitted  to  the                                                               
police agencies would be solely transactional.                                                                                  
                                                                                                                                
4:23:09 PM                                                                                                                    
                                                                                                                                
KENNETH GUDGEN, Market Manager,  Cash America Alaska, stated that                                                               
his  company owns  5 stores  in Anchorage.   Cash  America Alaska                                                               
employs  48  people in  Anchorage  and  offers employees  a  full                                                               
benefits package  that includes health benefits,  life insurance,                                                               
and  a  retirement  plan.    His  company  also  offers  employee                                                               
training  on sales  and customer  service.   He offered  that his                                                               
company's  purpose   is  to  serve   the  community  in   a  safe                                                               
environment.    He  noted  his   pawnshops  are  well  run,  well                                                               
maintained  businesses that  strive to  provide a  high level  of                                                               
service.  The  stores have been remodeled and are  clean and well                                                               
lit.  Their  core business is the pawn business,  he offered.  In                                                               
2007, 29,000  residents resulted in  total sales of  $5.7 million                                                               
in the Anchorage pawnshops.   He offered that Cash America Alaska                                                               
offers loans  for many purposes  such as to provide  expenses for                                                               
fishermen in  the off  season, or  to people  who work  in remote                                                               
locations and don't  receive their pay for several  weeks.  Other                                                               
loans  are  made for  emergencies  such  as  for car  repairs  or                                                               
surgeries,   he  offered.     Customers   offer  their   valuable                                                               
possessions as  collateral to secure  the loans.  He  opined that                                                               
HB 258 offers  customers and his businesses many  advantages.  He                                                               
advised that  his stores currently  report all  pawn transactions                                                               
to the  police department including  the make, model,  and serial                                                               
number  of  all items  as  well  as  the name,  driver's  license                                                               
number,  and birth  date  of the  person pawning  the  item.   He                                                               
characterized   his  relationship   with  the   Anchorage  Police                                                               
Department as  a good  working relationship.   When  Cash America                                                               
Alaska  receives stolen  merchandise, the  store provides  police                                                               
with   information   including    surveillance   videos.      The                                                               
Municipality  of  Anchorage  requires mandatory  reporting  laws.                                                               
This  proposed  legislation  makes reporting  mandatory  for  all                                                               
license holders  in Alaska,  which provides  consumer protections                                                               
and protections for pawnshops.   This bill also protects military                                                               
customers   by  guaranteeing   no   interest   on  their   pawned                                                               
merchandise during the time the  military person is overseas.  He                                                               
concluded that  his goals  are to  take good  care of  the people                                                               
that his stores serve.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GARDNER  referred to  page  7,  lines 17-26,  and                                                               
inquired  as  to  how  the  pawnbroker  can  track  the  military                                                               
personnel.    She  opined  that  unless  the  military  personnel                                                               
notified the  pawn shop  prior to leaving  the country,  that the                                                               
pawned item could be inadvertently sold.                                                                                        
                                                                                                                                
MR. GUDGEN agreed  that the pawnbroker would need  to be notified                                                               
prior to departure or the pawned goods would be sold.                                                                           
                                                                                                                                
4:30:01 PM                                                                                                                    
                                                                                                                                
MARK  DAVIS, Director,  Division of  Corporations, Business,  and                                                               
Professional  Licensing, Juneau  Office. Department  of Commerce,                                                               
Community,  & Economic  Development  (DCCED)  explained that  the                                                               
division is in support of  licensing pawnbrokers.  He stated that                                                               
the division  supports HB  258, although he  noted that  the bill                                                               
may need  some refinement.  He  suggested one area that  may need                                                               
to be reviewed is the  requirement for good character in proposed                                                               
AS 08.76.110.                                                                                                                   
                                                                                                                                
4:30:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  referred to page 4,  subsection (b) which                                                               
describes  the biennial  report and  inquired as  to what  is the                                                               
state's interest  in knowing  the number  and amounts  paid since                                                               
that information is proprietary information.                                                                                    
                                                                                                                                
MR.  DAVIS  answered that  he  interprets  this subsection  would                                                               
require  reporting  only the  aggregate  amount,  similar to  the                                                               
reporting  requirement   for  banks,  which  is   to  inform  the                                                               
legislature  the  size  of  the  industry  and  provide  industry                                                               
trends.                                                                                                                         
                                                                                                                                
MR. DAVIS, in response to  Representative Gardner, explained that                                                               
various  reports require  tracking items  such as  the number  of                                                               
licensees,  aggregate size,  assets under  control.   He surmised                                                               
that the division would probably  develop a reporting requirement                                                               
in  regulation   designed  to  determine  how   the  industry  is                                                               
performing.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARDNER opined that she  is not convinced that the                                                               
state needs to know the profitability of pawnbrokers.                                                                           
                                                                                                                                
MR.   DAVIS  answered   that  the   report   would  not   divulge                                                               
profitability,  but  would  show  items such  as  the  number  of                                                               
transactions, number of items pawned,  and number of redemptions.                                                               
He  pointed   out  the  industry  is   currently  recording  this                                                               
information.                                                                                                                    
                                                                                                                                
4:33:18 PM                                                                                                                    
                                                                                                                                
MR. DAVIS, in  response to Representative Neuman,  noted that the                                                               
division  does not  currently regulate  pawnshops  so the  bill's                                                               
sponsor projected  an estimate of  30 new licensees.   In further                                                               
response  to Representative  Neuman, Mr.  Davis advised  that not                                                               
everyone uses  the name  "pawnshop" in their  business name  so a                                                               
search  of business  licenses  would not  provide  the number  of                                                               
pawnbrokers operating in the state.                                                                                             
                                                                                                                                
4:34:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER inquired  as to  whether the  requirement                                                               
that the applicant  be of good character and  have the experience                                                               
to engage is required of other professions.                                                                                     
                                                                                                                                
MR.   DAVIS  answered   that   some   professions  have   similar                                                               
requirements.   He  referred to  AS 06.50.020,  which establishes                                                               
qualifications  for   deferred  deposit  lending   licenses  that                                                               
requires  applicants to,  "demonstrate financial  responsibility,                                                               
financial condition, business  experience, character, and general                                                               
fitness."   In  further response  to Representative  Gardner, Mr.                                                               
Davis answered  that the  experience to engage  in business  as a                                                               
pawnbroker would  require applicants  demonstrate the  ability to                                                               
understand  money lending,  risk involved  in lending  money, and                                                               
the ability to  maintain records, which could  be demonstrated by                                                               
educational experience or prior work  experience.  He opined that                                                               
it is  important in  lending businesses that  the person  has the                                                               
necessary business acumen.                                                                                                      
                                                                                                                                
4:36:17 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON, after first determining that no one else wished to                                                                 
testify, announced that he would keep public testimony open.                                                                    
                                                                                                                                
4:36:39 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced that HB 258 would be held over.                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
4:36 p.m.                                                                                                                       
                                                                                                                                

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