Legislature(1993 - 1994)
04/13/1993 04:00 PM RLS
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
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.