Legislature(1993 - 1994)

04/23/1993 02:05 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   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.                                        
                                                                               

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