Legislature(1993 - 1994)
04/23/1993 02:05 PM JUD
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
SENATE JUDICIARY COMMITTEE April 23, 1993 2:05 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Rick Halford, Vice-Chairman Senator George Jacko Senator Suzanne Little MEMBERS ABSENT Senator Dave Donley COMMITTEE CALENDAR CS FOR HOUSE BILL NO. 236(RLS) am "An Act relating to notices for the sale of certain real property." CS FOR HOUSE BILL NO. 113(FIN) "An Act regulating the solicitation of contributions by charitable organizations and paid solicitors and the solicitation of sales by telephonic means; and amending Alaska Rules of Civil Procedure 79 and 82." SENATE BILL NO. 185 "An Act relating to the limitations period for assessments for certain state taxes, and for collection, after assessment, of taxes due the state; and providing for an effective date." PREVIOUS SENATE COMMITTEE ACTION HB 236 - See Judiciary minutes dated 4/22/93. HB 113 - See Judiciary minutes dated 4/22/93. SB 185 - See Judiciary minutes dated 4/20/93, 4/21/93. WITNESS REGISTER Robert Gould Alaska Journal of Commerce 880 N Street Anchorage, AK 99501 POSITION STATEMENT: Supports HB 236 Judy Mathis, Staff to Representative Ron Larson State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Present to respond to questions on HB 113 Jim Forbes Department of Law 1031 W. 4th Ave., Suite 200 Anchorage, AK 99501-1994 POSITION STATEMENT: Offered information on HB 113 ACTION NARRATIVE TAPE 93-51, SIDE A Number 001 Chairman Robin Taylor called the Judiciary Committee meeting to order at 2:05 p.m. SENATOR TAYLOR brought CSHB 236(RLS) am (NOTICE OF SALES OF CERTAIN REAL PROPERTY) before the committee as the first order of business, noting that the meeting was being teleconferenced. BOB GOULD, Alaska Journal of Commerce, testifying from Anchorage, said the legislation that was before the committee satisfies just about all interested parties concerned, with the possible exception of the Anchorage Daily News. Restating his previous testimony on the legislation, Mr. Gould said the purpose to be accomplished by this legislation, which is limited exclusively to foreclosure notices of real estate, is to promote competition, not only for the Alaska Journal of Commerce, but for many other papers that will be empowered with specificity to go out into the marketplace for those types of notices. Number 073 SENATOR TAYLOR noted that Mr. Gould had provided the committee with a copy of a fax letter from his attorneys which is in response to a letter received by the committee from John McKay pursuant to Mr. McKay's testimony on behalf of the Anchorage Daily News. Senator Taylor also noted that modifications have been made to the legislation as it has moved through the process and they are somewhat significant. SENATOR LITTLE said in Mr. McKay's letter he pointed out that the cost of advertising in publications like the Alaska Journal of Commerce will be more costly for advertisers, and she asked if that comment was based on the earlier legislation the committee had before it. BOB GOULd answered that the readership that they reach is much more effective for title companies, banks, etc., that have a specific interest in foreclosure notices. In terms of absolute dollars, the Alaska Journal of Commerce is approximately one third the cost of running the exact same add in the Daily News. Number 140 There being no further testimony on CSHB 236(RLS) am, SENATOR TAYLOR asked for the pleasure of the committee SENATOR HALFORD moved that CSHB 236(RLS) am be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 160 SENATOR TAYLOR introduced CSHB 113(FIN) (CHARITABLE & TELEPHONIC SOLICITING/SALES) as the next order of business. JUDY MATHIS, staff to Representative Ron Larson, who is prime sponsor of HB 113, related that Jim Forbes, an Assistant Attorney General in Anchorage, was the drafter of the legislation and that he would present a brief overview on the legislation. JIM FORBES explained that the legislation covers two different types of fraud which are telemarketing and charitable solicitation fraud. Mr. Forbes said based on FBI and Federal Trade Commission estimates, Alaskans may be losing in the neighborhood of $20 million a year to a specific type of telemarketing process the bill targets. Alaska is one of the very few states that doesn't have any type of regulations on the subject. It has been found that the telemarketers target elderly people and rural Alaskans, in particular. Number 201 SENATOR LITTLE asked how the legislation would affect legitimate nonprofit organizations in the state who would normally conduct a telephonic fund raising campaign. JIM FORBES said the legislation requires that anybody who solicits or expects to raise more than $5,000 in a single year to register with the Department of Law. It is the department's intent, through regulations, to make that registration process as painless as possible, and they hope to be able to roll it in to the requirement that they renew their corporate status every two years with the corporation's commission. Number 235 SENATOR TAYLOR asked for the pleasure of the committee. SENATOR HALFORD moved that the CSHB 113(FIN) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered. Number 250 SENATOR TAYLOR brought SB 185 (LIMITATIONS PERIOD FOR TAX ASSESSMENTS) before the committee as the final order of business. SENATOR HALFORD moved and asked unanimous consent that SB 185 be passed out of committee with individual recommendations. SENATOR LITTLE objected. The roll was taken with the following result: Senators Jacko, Halford and Taylor voted "Yea" and Senator Little voted "Nay." The Chair stated the motion carried. There being no further business to come before the committee, the meeting was adjourned at 2:22 p.m.