Legislature(1993 - 1994)

04/13/1993 04:00 PM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                      HOUSE RULES COMMITTEE                                    
                         April 13, 1993                                        
                            4:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Carl E. Moses, Chair                                                    
  Rep. Jerry Sanders, Vice Chair                                               
  Rep. Ramona Barnes                                                           
  Rep. Mark Hanley                                                             
  Rep. Fran Ulmer                                                              
  Rep. Pat Carney                                                              
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Gail Phillips                                                           
                                                                               
  OTHER LEGISLATORS PRESENT                                                    
                                                                               
  Rep. Harley Olberg                                                           
  Rep. Con Bunde                                                               
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HB 79:    "An Act relating to recovery from a parent or                      
            legal guardian of wilful or malicious destruction                  
            of property by a minor."                                           
                                                                               
            CSHB 79(RLS) MOVED OUT OF COMMITTEE                                
                                                                               
  HB 236:   "An Act relating to newspapers of general                          
            circulation."                                                      
                                                                               
            CSHB 236(RLS) MOVED OUT OF COMMITTEE                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  REP. CON BUNDE                                                               
  Alaska State Legislature                                                     
  State Capitol                                                                
  Juneau, Alaska  99801-1182                                                   
  465-4843                                                                     
  Position Statement:  Prime Sponsor of HB 79                                  
                                                                               
  BOB GOULD                                                                    
  Alaska Journal of Commerce                                                   
  3710 Woodland Park Drive, Suite 2100                                         
  Anchorage, Alaska  99517                                                     
  249-1900                                                                     
  Position Statement:  Testified on HB 236                                     
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HB  79                                                                
  SHORT TITLE: DAMAGE TO PROPERTY BY MINORS                                    
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S)                                                
  BUNDE,Toohey,Porter,Olberg,Green                                             
                                                                               
  TITLE: "An Act relating to recovery from a parent or legal                   
  guardian of wilful or malicious destruction of property by a                 
  minor."                                                                      
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/22/93       130    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/22/93       130    (H)   HES, JUDICIARY, FINANCE                          
  01/29/93       184    (H)   COSPONSOR(S): PORTER                             
  02/03/93              (H)   HES AT 03:00 PM CAPITOL 106                      
  02/03/93              (H)   MINUTE(HES)                                      
  02/05/93       240    (H)   COSPONSOR(S): OLBERG, GREEN                      
  02/08/93              (H)   MINUTE(HES)                                      
  02/10/93       288    (H)   HES RPT  3DP  2DNP  4NR                          
  02/10/93       288    (H)   DP: BUNDE, TOOHEY, OLBERG                        
  02/10/93       288    (H)   DNP:  NICHOLIA, B.DAVIS                          
  02/10/93       288    (H)   NR: KOTT,VEZEY,G.DAVIS,BRICE                     
  02/10/93       288    (H)   -3 ZERO FNS (LAW, ADM, DHSS)                     
                              2/10/93                                          
  03/12/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
  03/12/93              (H)   MINUTE(JUD)                                      
  03/12/93              (H)   MINUTE(JUD)                                      
  03/15/93       644    (H)   JUD RPT  2DP  4NR                                
  03/15/93       644    (H)   DP: JAMES, PORTER                                
  03/15/93       644    (H)   NR: KOTT, PHILLIPS, GREEN,                       
                              NORDLUND                                         
  03/15/93       644    (H)   -3 PREVIOUS ZERO FNS(LAW,DHSS,                   
                              ADM) 2/10                                        
  03/26/93              (H)   FIN AT 08:30 AM HOUSE FIN 519                    
  03/26/93              (H)   MINUTE(FIN)                                      
  03/26/93              (H)   MINUTE(FIN)                                      
  03/29/93       819    (H)   FIN RPT  CS(FIN) 7DP  3NR                        
  03/29/93       819    (H)   DP: MACLEAN, LARSON, HANLEY,                     
                              MARTIN                                           
  03/29/93       819    (H)   DP: PARNELL, GRUSSENDORF,                        
                              THERRIAULT                                       
  03/29/93       820    (H)   NR: HOFFMAN, BROWN, FOSTER                       
  03/29/93       820    (H)   -3 PREVIOUS ZERO FNS(LAW,DHSS,                   
                              ADM) 2/10                                        
  04/13/93              (H)   RLS AT 04:00 PM SPEAKER'S                        
  CHAMBER                                                                      
                                                                               
                                                                               
  BILL:  HB 236                                                                
  SHORT TITLE: NEWSPAPER OF GENERAL CIRCULATION DEFINED                        
  BILL VERSION:                                                                
  SPONSOR(S): LABOR & COMMERCE                                                 
                                                                               
  TITLE: "An Act relating to notices for the sale of certain                   
  real property."                                                              
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  03/19/93       707    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  03/19/93       707    (H)   LABOR & COMMERCE                                 
  03/30/93              (H)   L&C AT 03:00 PM CAPITOL 17                       
  03/30/93              (H)   MINUTE(L&C)                                      
  03/31/93       872    (H)   L&C RPT  CS(L&C) 5DP                             
  03/31/93       872    (H)   DP: SITTON,MACKIE,MULDER,                        
                              WILLIAMS,HUDSON                                  
  03/31/93       872    (H)   -ZERO FISCAL NOTE (H.L&C/ALL)                    
                              3/31/93                                          
  04/13/93              (H)   RLS 4:00 PM SPEAKER'S CHAMBER                    
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-4, SIDE A                                                            
  Number 008                                                                   
                                                                               
  CHAIRMAN MOSES called the meeting to order at 4:06 p.m.,                     
  noted members in attendance and informed the committee that                  
  HB 79 and HB 236 were on the agenda.                                         
  HB 79 DAMAGE TO PROPERTY BY MINORS                                           
                                                                               
  REPRESENTATIVE ULMER asked why the particular amount of                      
  $10,000 was selected.                                                        
                                                                               
  REPRESENTATIVE BUNDE, PRIME SPONSOR OF HB 79, advised                        
  members that the $10,000 was a compromise amount.  The                       
  original bill was written to allow whatever district court                   
  currently allows;  that amount, however, turns out to be                     
  $50,000.  Many people were concerned that $50,000 was too                    
  much and that $2,000 was not enough to go to court.  An                      
  alternative of $5,000 was offered, but malicious damage                      
  usually totals more than $5,000.  He said $10,000 was an                     
  even compromise between victim's rights and parental                         
  responsibility.                                                              
                                                                               
  REPRESENTATIVE ULMER asked if there was any discussion of                    
  not having a cap on the dollar figure - perhaps a recovery                   
  of the actual amount of the damages.                                         
                                                                               
  REPRESENTATIVE BUNDE replied that no dollar figure was his                   
  original intent.  There has been considerable concern that                   
  $50,000 is too high and if someone has an uncontrollable                     
  child who is still a minor who wanted to victimize their                     
  parents, they could do considerable damage and create                        
  another victim.                                                              
                                                                               
  (Rep. G. Phillips arrived at 4:09 p.m.)                                      
                                                                               
  REPRESENTATIVE BUNDE continued.  He said the amount was                      
  $50,000 when the bill went to the Finance Committee and they                 
  reduced it to $5,000.  A compromise would be to raise it to                  
  $10,000.                                                                     
                                                                               
  REPRESENTATIVE BARNES moved to adopt the committee                           
  substitute (CS) for HB 79.  CSHB 79(RLS) was ADOPTED.                        
                                                                               
  REPRESENTATIVE BARNES moved to pass  CSHB 79(RLS) from                       
  committee with individual recommendations.                                   
                                                                               
  CSHB 79(RLS) was MOVED with INDIVIDUAL RECOMMENDATIONS.                      
  HB 236:  RELATING TO NEWSPAPER NOTICES                                       
                                                                               
  CHAIRMAN MOSES advised members that a proposed committee                     
  substitute was before them.                                                  
                                                                               
  REPRESENTATIVE BARNES moved to adopt the committee                           
  substitute for HB 236.  CSHB 236(RLS) was ADOPTED.                           
                                                                               
  REPRESENTATIVE ULMER asked for clarification on the 25%                      
  provision on page two.  He asked, Who decides if a newspaper                 
  has 25% readership?  Is the impact to expand the number of                   
  publications eligible to run foreclosure notices linked to                   
  the area where the foreclosure is taking place?                              
                                                                               
  BOB GOULD, PRINCIPLE OWNER, ALASKA JOURNAL OF COMMERCE,                      
  replied that the language comes from a compilation of                        
  similar statutory language in Lower 48 jurisdictions.  The                   
  goal is to define a newspaper for the purpose of noticing                    
  foreclosure default sale notices.  Title companies, who                      
  place such notices, often notice them in metropolitan                        
  daily's, such as the Anchorage Daily News, Juneau Empire,                    
  Nome Nugget and Fairbanks Daily News Miner, for each of the                  
  four judicial districts in Alaska.  In the Lower 48 states,                  
  legal, real estate and banking newspapers also apply.  The                   
  25% editorial content provision is meant to exclude such                     
  papers such as shoppers, whose readers are not interested in                 
  foreclosure notices.   The statute says that the notice is                   
  required to run in a paper nearest to the sale in the                        
  corresponding judicial district.                                             
                                                                               
  REPRESENTATIVE BARNES asked, if a Glenallen paper, for                       
  example, did not have more than 500 readers, then it would                   
  not qualify under HB 236?                                                    
                                                                               
  MR. GOULD stated that such a paper would not qualify.                        
                                                                               
  REPRESENTATIVE BARNES expressed that the provision was bad;                  
  little newspapers should be able to qualify.                                 
                                                                               
  MR. GOULD clarified that the topic of conversation was only                  
  for default notices, not public meetings, road closures,                     
  bids or proposals.  Default notices now only appear by                       
  request of the title companies in the four major newspapers                  
  in each judicial district.  The Aniak paper appears to be                    
  the only paper, as of 1990 figures, with less than 500                       
  readers.  Title 9 does not apply to other types of                           
  advertising done on a state level that would be affected by                  
  HB 236.  He said Title 9 applies only to real estate                         
  foreclosures.                                                                
                                                                               
  REPRESENTATIVE BARNES expressed a desire to expand                           
  circulation dollars at a state level down to the smallest of                 
  newspapers in a given area.                                                  
                                                                               
  CHAIRMAN MOSES stated that if the notice was given in an                     
  isolated community, the default would not get the exposure                   
  that would be good for the market.                                           
                                                                               
  REPRESENTATIVE G. PHILLIPS asked that the committee consider                 
  the general publication notice.                                              
                                                                               
  REPRESENTATIVE BARNES moved to pass the committee substitute                 
  for HB 236 with individual recommendations.                                  
                                                                               
  CSHB 236(RLS) was MOVED with INDIVIDUAL RECOMMENDATIONS.                     
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN MOSES asked members and the audience if there were                  
  further comments.  Hearing none, he adjourned the meeting at                 
  4:24 p.m.                                                                    

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