Legislature(1993 - 1994)

02/23/1993 01:35 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               SENATE LABOR AND COMMERCE COMMITTEE                             
                        February 23, 1993                                      
                            1:35 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Tim Kelly, Chairman                                                  
  Senator Steve Rieger, Vice-Chairman                                          
  Senator Drue Pearce                                                          
  Senator Georgianna Lincoln                                                   
  Senator Judy Salo                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
   NONE                                                                        
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SENATE BILL NO. 97                                                           
  "An  Act  relating  to  enhanced   911  emergency  reporting                 
  systems; and providing for an effective date."                               
                                                                               
  SENATE BILL NO. 99                                                           
  "An  Act  relating  to  the  improvement of  state  finances                 
  through  reduction  of  operating  costs  of  certain  state                 
  agencies  and establishment  of certain fees;  and providing                 
  for an effective date."                                                      
                                                                               
  BANKING CODE REVISION                                                        
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  SB 97 - See Labor & Commerce minutes dated 2/16/93.                          
                                                                               
  SB 99 - See Labor & Commerce minutes dated 2/16/93.                          
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Tom Boedeker, Attorney                                                       
  Kenai Peninsula Borough                                                      
  144 North Binkley                                                            
  Soldotna, Alaska 99669                                                       
    POSITION STATEMENT: Supports SB 97.                                        
                                                                               
  Larry Crawford, Manager                                                      
  Municipality of Anchorage                                                    
  P.O. Box 196650                                                              
  Anchorage, Alaska 99519-6650                                                 
    POSITION STATEMENT: Supports SB 97.                                        
                                                                               
  John George represented                                                      
  Alaska State Fire Fighters Assn. &                                           
  Alaska State Fire Chiefs Assn.                                               
                                                                               
                                                                               
  P.O. Box 171                                                                 
  Cordova, Alaska 99574                                                        
    POSITION STATEMENT: Supported SB 97.                                       
                                                                               
  Gordon Parker, Director                                                      
  Carrier Relations                                                            
  Anchorage Telephone Utility                                                  
  600 Telephone Avenue                                                         
  Anchorage, Alaska 99503                                                      
    POSITION STATEMENT: Supported SB 97.                                       
                                                                               
  Larry Fanning, Fire Chief                                                    
  City & Borough of Juneau                                                     
  155 South Seward Street                                                      
  Juneau, Alaska 99801                                                         
    POSITION STATEMENT: Supports SB 97.                                        
                                                                               
  Jack W. Wray, Executive Director                                             
  Alaska Police Standards Council                                              
  Department of Public Safety                                                  
  P.O. Box 111200                                                              
  Juneau, Alaska 99811-1200                                                    
    POSITION STATEMENT: Gave information on SB 99.                             
                                                                               
  Juanita Hensley, Chief                                                       
  Driver Services                                                              
  Division of Motor Vehicles                                                   
  Department of Public Safety                                                  
  P.O. Box 20020                                                               
  Juneau, Alaska 99802-0020                                                    
    POSITION STATEMENT: Supports SB 99.                                        
                                                                               
  Don Hitchcock, Director                                                      
  Division of Risk Management                                                  
  Department of Administration                                                 
  P.O. Box 110218                                                              
  Juneau, Alaska 99811-0218                                                    
    POSITION STATEMENT: Supports SB 99.                                        
                                                                               
  Sharon Barton, Director                                                      
  Division of Administrative Services                                          
  P.O. Box  110208                                                             
  Juneau, Alaska 99811-0208                                                    
    POSITION STATEMENT: Supports SB 99.                                        
                                                                               
  Cheryl Frasca, Division Director                                             
  Division of Budget Review                                                    
  Office of the Governor                                                       
  P.O. 110020                                                                  
  Juneau, Alaska 99811-0020                                                    
    POSITION STATEMENT: Supports SB 99.                                        
                                                                               
  Kit Ballentine, Acting Director                                              
  Division of Environmental Health                                             
                                                                               
                                                                               
  410 Willoughby Ave. #105                                                     
  Juneau, Alaska 99801-1795                                                    
    POSITION STATEMENT: Supported SB 99.                                       
                                                                               
  Jeff Bush, Attorney                                                          
  175 S. Franklin St., #318                                                    
  Juneau, Alaska 99801                                                         
    POSITION STATEMENT: Employed by Division of Banking.                       
                                                                               
  Willis Kirkpatrick, Director                                                 
  Division of Banking, Securities, & Corporations                              
  Dept. of Commerce & Economic Development                                     
  P.O. Box 110807                                                              
  Juneau, Alaska 99811-0807                                                    
    POSITION STATEMENT: Banking Code Revision.                                 
                                                                               
  Charles McKee                                                                
  7800 Debarr Road E. #63                                                      
  Anchorage, Alaska 99504                                                      
    POSITION STATEMENT: Banking Code Revision.                                 
                                                                               
  Jim Crawford, CEO                                                            
  City Commerce Corporation                                                    
  560 E. 34th, #201                                                            
  Anchorage, Alaska 99503                                                      
    POSITION STATEMENT: Banking Code Revision.                                 
                                                                               
  Marc Langdon, CEO                                                            
  NorthRim Bank                                                                
  9620 Spring Hill Drive                                                       
  Anchorage, Alaska 99508                                                      
    POSITION STATEMENT: Banking Code Revision.                                 
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-13, SIDE A                                                           
  Number 001                                                                   
                                                                               
  CHAIRMAN TIM KELLY  called the Labor and  Commerce Committee                 
  meeting to order at 1:35 p.m.                                                
                                                                               
  SENATOR KELLY introduced  SB 97  (ENHANCED 911 SYSTEMS)  and                 
  invited  the  sponsor, SENATOR  DRUE  PEARCE, to  review her                 
  bill.   She clarified the committee was on teleconference to                 
  Anchorage and Soldotna.                                                      
                                                                               
  SENATOR PEARCE offered  a committee substitute as  a working                 
  draft, and said  the legislation would enable  the emergency                 
  dispatchers to better assist  people who call 911 when  they                 
  are  in  a threatening  situation.   She  explained victims,                 
  often the elderly and the very young, have difficulty giving                 
  clear  directions  after they  dial 911, and  if passed  the                 
  bill would create a  mechanism to help fund and  enhance the                 
                                                                               
                                                                               
  911 recording systems.                                                       
                                                                               
  SENATOR  PEARCE  said  the  bill  was  permissive,  and  the                 
  benefits  would  be  the  immediate  visual display  of  the                 
  location of the caller to  the dispatcher, automatic routing                 
  to   appropriate  emergency  response  unit,  for  a  faster                 
  response time.   Also, there would  be a curtailment of  the                 
  abuses of the system, except in certain cases.                               
                                                                               
  SENATOR  PEARCE  gave some  history  of the  legislation and                 
  explained that REPRESENTATIVE FRAN ULMER had been working on                 
  a similar bill,  which was of  great interest locally.   She                 
  thought there might also be some interest state-wide.                        
                                                                               
  SENATOR  KELLY  opened  the teleconference  to  Soldotna and                 
  introduced  TOM BOEDEKER, Attorney  for the  Kenai Peninsula                 
  Borough.                                                                     
                                                                               
  MR. BOEDEKER indicated  support for CSSB  97 from the  Kenai                 
  Peninsula  Borough  for  the  enhanced  911 system,  and  he                 
  discussed the cost factors.  He was pleased the bill was put                 
  under Title 29 rather than Title  42, as it would allow some                 
  flexibility in dealing with the issue.                                       
                                                                               
  SENATOR  KELLY  invited  LARRY  CRAWFORD,  Manager  for  the                 
  Municipality of Anchorage, to testify.                                       
                                                                               
  Number 098                                                                   
                                                                               
  MR. CRAWFORD said  the municipality supported the  bill, but                 
  was unclear as to the cost.                                                  
                                                                               
  SENATOR RIEGER asked MR. CRAWFORD  whether the boundaries of                 
  the  Anchorage   Telephone  Utility   match   up  with   the                 
  Municipality of Anchorage.  MR. CRAWFORD explained it nearly                 
  did, and  in talking  to ATU,  it was  indicated they  could                 
  collect fees from  the MatSu  - Eagle River  area, as  well.                 
  They discussed border lines and agreements.                                  
                                                                               
  JOHN  GEORGE, representing  the Alaska  State Fire  Fighters                 
  Association  and the  Alaska State Fire  Chiefs Association,                 
  testified in  favor of  the legislation  to enhance  the 911                 
  system.  He praised the bill as being a funding mechanism to                 
  support the system and make it work.                                         
                                                                               
  GORDON  PARKER,  Director  of  Carrier  Relations  for   the                 
  Anchorage Telephone Utility, indicated the utility's support                 
  for  the legislation, and  he gave some  history of previous                 
  support from other telephone companies in the state.                         
                                                                               
  Number 158                                                                   
                                                                               
  LARRY  FANNING,  the Fire  Chief  representing the  City and                 
  Borough  of Juneau,  in supporting  the  bill and  offered a                 
                                                                               
                                                                               
  recommendation to enhance the 911 system.  He suggested they                 
  send the  communications by  radio to the emergency response                 
  units  from  the  information received at  the public safety                 
  answering point.   He explained how the  extra communication                 
  would  work, and  SENATOR  KELLY asked  if  he had  proposed                 
  language.  MR. FANNING  directed the committee to page  7 of                 
  the work draft, and conceptualized an amendment, which would                 
  include essential communication equipment necessary for  the                 
  success of the emergency response.                                           
                                                                               
  SENATOR KELLY suggested some language on line 22, of page 7,                 
  and the amendment passed.  Without objections, so ordered.                   
                                                                               
  Number 180                                                                   
                                                                               
  SENATOR RIEGER directed attention to page  5, lines 8 and 9,                 
  and asked for  clarification on  the wording.   He moved  to                 
  amend the language on those lines to include "all of" before                 
  city and municipality.  Without objections, so ordered.                      
                                                                               
  SENATOR   RIEGER  moved  to   adopt  the   CS  FOR   SB.  97                 
  incorporating the  new amendments.   Without objections,  so                 
  ordered.                                                                     
                                                                               
  SENATOR RIEGER moved to pass CS FOR SENATE BILL NO. 97(L&C)                  
  from committee  with individual  recommendations and  a zero                 
  fiscal note.  Without objections, so ordered.                                
                                                                               
  SENATOR KELLY  introduced the  fee  bill by  request of  the                 
  Governor,   SB  99   (FINANCIAL   ADMINISTRATION  OF   STATE                 
  GOVERNMENT), and  he explained a committee  substitute would                 
  be written for Tuesday, 3/2/93.   He also explained what has                 
  been  done  on  the  bill  and  asked  JACK WRAY,  Executive                 
  Director for  the Alaska  Police Standards Council,  whether                 
  the  fee  should be  charged  to  both  public  and  private                 
  security officers, and  MR. WRAY  corrected his question  to                 
  include "police" officers.                                                   
                                                                               
  JOSH FINK,  aide to  SENATOR KELLY,  reviewed two  questions                 
  referring to an exemption for state and public officers from                 
  the professional certification fees.                                         
                                                                               
  MR. WRAY explained  the Alaska Police Standards  Council was                 
  agreeable  to  the   proposed  statute,  but  he   said  the                 
  membership was opposed  to the exemption of  state employees                 
  from the requirement.  He quoted the  members as considering                 
  it to  be a  professional  certification, and  they felt  it                 
  would be  unfair for municipal  police to pay  while airport                 
  safety officers  be exempt.   SENATOR  RIEGER clarified  the                 
  fees would be paid by the individual officers.                               
                                                                               
  Number 265                                                                   
                                                                               
                                                                               
  SENATOR KELLY questioned the amount of the fee, and MR. WRAY                 
  thought it should be $50 for  an entry level certificate for                 
  all new police officers.   SENATOR KELLY agreed to  put that                 
  amount in statute.                                                           
                                                                               
  SENATOR KELLY  continued on  to DON  HITCHCOCK, Director  of                 
  Risk Management in the Department of Administration.                         
                                                                               
  MR. HITCHCOCK referred  to Section 62  on page 19, and  gave                 
  some background information on the  need for claims recovery                 
  legislation in  relation to the state  insurance catastrophe                 
  reserve account.  SENATOR RIEGER questioned the process, and                 
  MR. HITCHCOCK explained  the appropriation  process and  the                 
  insurance fund.  At present the fund contains $4.1 million.                  
                                                                               
  SENATOR KELLY asked for a review of Sections 61 through 64.                  
                                                                               
  JUANITA   HENSLEY,  Chief   of  Driver   Services  gave   an                 
  explanation from the audience that was inaudible.                            
                                                                               
  SENATOR KELLY asked about Section 64, and MR. HITCHCOCK said                 
  he was only interested in AS 37.05.289.                                      
                                                                               
  MR.  HITCHCOCK  explained,  in  answer  to a  question  from                 
  SENATOR RIEGER, the  mix of federal  and state money in  the                 
  catastrophe reserve account, and his interest in the state's                 
  fair share.                                                                  
                                                                               
  Number 363                                                                   
                                                                               
  There was still some  discussion about the account, and  MR.                 
  HITCHCOCK  said  the federal  government  wanted to  be sure                 
  Alaska is using the money for  which it was originally given                 
  by the Federal government.                                                   
                                                                               
  SENATOR  LINCOLN questioned where  the money  was previously                 
  deposited, and MR. HITCHCOCK explained  the state had bought                 
  an insurance policy that guarantees that the  state will not                 
  pay out any more  than the amount received from  the federal                 
  government.   He  discussed  the use  of  an aggregate  loss                 
  policy to be  reimbursed for claims  in excess of the  money                 
  received from the federal government  in a recovery process.                 
                                                                               
                                                                               
  MR. HITCHCOCK  explained the  audit department  of Health  &                 
  Human  Services  reported  that if  these  claims  paid were                 
  originally paid out  in support  of insurance programs  that                 
  were supported  by federal  money,  and, if  we recover  the                 
  money, the federal government wants  their percentage of the                 
  recovery.    SENATOR  KELLY  asked  for his  explanation  in                 
  writing.                                                                     
                                                                               
  SENATOR  LINCOLN asked about the cap, and MR. HITCHCOCK said                 
                                                                               
                                                                               
  there was a $5 million cap, and  he cited AS 37.05.289(c) in                 
  reference  to the  cap.   Any  money  in excess  of the  cap                 
  returns to general funds.                                                    
                                                                               
  Number 428                                                                   
                                                                               
  MS. HENSLEY referred to two concerns  from the last meeting,                 
  the first being a question on exemptions from a $10  fee for                 
  motor  vehicle  registration  not conducted  by  mail.   The                 
  department would waive  the fee if a person had to come into                 
  the office  for such reasons  as to clear  an non-sufficient                 
  check, a stolen  status on the vehicle,  a name change or  a                 
  title change.                                                                
                                                                               
  MS. HENSLEY referred  to a question from  SENATOR RIEGER and                 
  gave  some statistics from  the Department of Transportation                 
  on traffic on roads not connected to a state maintained land                 
  system such as the Whittier traffic.                                         
                                                                               
  SENATOR KELLY asked if there  was anyone from the Department                 
  of  Environmental Conservation,  and KIT  BALLENTINE, Acting                 
  Director for  the Division of Environmental Health, appeared                 
  to testify on Sections  66 and 67.  She answered  a question                 
  on those public facilities which are inspected: restaurants,                 
  bars,  markets,  food  processors,  health care  facilities,                 
  residential care,  schools, pre-schools,  barber and  beauty                 
  shops, public showers,  and two (unintelligible) facilities.                 
  She  said  it  would  exclude   the  facilities  within  the                 
  Municipality of Anchorage.                                                   
                                                                               
  SENATOR  KELLY clarified  the legislation  would expand  the                 
  inspection state-wide.   MS. BALLENTINE  explained they  had                 
  always been inspected, but fees had not been charged.                        
                                                                               
  There was a discussion on the  fiscal note by MS. BALLENTINE                 
  and MR. FINK.                                                                
                                                                               
  Number 470                                                                   
                                                                               
  SENATOR SALO  gave an example of inspecting  a restaurant at                 
  Cooper  Landing and  asked what  fee they would  be charged.                 
  MS. BALLENTINE explained  they were  presently permitted  to                 
  charge a fee  on a sliding  scale depending on the  seating,                 
  but the bill  would extend to  all of the public  facilities                 
  not  previously  covered.   They  continued  to  discuss the                 
  expanded list, the  inspection, and the collection  of fees.                 
  SENATOR SALO asked for information on the kinds of fees, and                 
  asked for a list of examples.                                                
                                                                               
  SENATOR RIEGER expressed concern at the $6 million price tag                 
  for the Clean Air Act,  and asked for the number of  permits                 
  involved.  MS. BALLENTINE talked in  terms of indirect costs                 
  related to the Federal Clean Air  Act, and she explained the                 
  present  fee system.  SENATOR RIEGER thought the fiscal note                 
                                                                               
                                                                               
  should  more  properly be  attached  to  a  clean  air  bill                 
  currently going through the legislature. (HB 39)                             
                                                                               
  SENATOR KELLY had some questions on Section 67 and  Sections                 
  13,  14, and  15, but  MS. HENSLEY  didn't have  all  of the                 
  information. (She  gave some  inaudible  testimony from  the                 
  audience.)                                                                   
                                                                               
  SENATOR  RIEGER led a  discussion on the  reimbursement of a                 
  dollar to those people selling Fish  & Game licenses, and he                 
  outlined the cumbersome way presently used.                                  
                                                                               
  Number 537                                                                   
                                                                               
  SENATOR LINCOLN asked if the  committee had reviewed Section                 
  65,  the  fees  in  parks.    SENATOR KELLY  asked  for  her                 
  questions, and  she expressed a  problem with the  number of                 
  "mays" in  the section.   She  gave examples  of those  that                 
  bothered her.                                                                
                                                                               
  SENATOR KELLY said  no one  from the Division  of Parks  had                 
  been advised to attend, and he asked MR. FINK to work on her                 
  questions.                                                                   
                                                                               
  SENATOR KELLY asked  for concurrence to drop  the Department                 
  of  Environmental  Conservation from  the  bill, and  it was                 
  agreed.  #                                                                   
                                                                               
  SENATOR KELLY presented a work draft of proposed legislation                 
  and regulations to revise the  banking code.  He  introduced                 
  WILLIS  KIRKPATRICK, Director  of the  Division of  Banking,                 
  Securities,  & Corporations,  who  would lead  the committee                 
  through the  proposed bill.   SENATOR  KELLY stated  for the                 
  record he had no conflict of interest with the proposed work                 
  draft.  Since it  was not officially a bill,  only testimony                 
  was presented, but no actions taken.                                         
                                                                               
  Number 572                                                                   
                                                                               
  MR.  KIRKPATRICK explained  he  would  give an  introduction                 
  leading up  to the drafting of the proposed legislation, and                 
  would ask JEFF BUSH to join  him for an in-depth description                 
  of the rough draft.                                                          
                                                                               
  TAPE 93-13, SIDE B                                                           
  Number 001                                                                   
                                                                               
  MR. KIRKPATRICK  reviewed  the  problems  with  the  present                 
  banking  code,  and  he  gave  some  examples  such  as  not                 
  addressing  the  cash  management  account  and  non-banking                 
  institutions like  Sears, ATT,  etc.   He said the  Division                 
  of Banking decided it was time to look at various aspects of                 
  the  banking code and work out those areas that needed to be                 
  addressed.                                                                   
                                                                               
                                                                               
  MR.   KIRKPATRICK  said  no   amount  of  legislation  could                 
  legislate  good  management,  and   they  found  the  denial                 
  syndrome  from  the  boards  when   their  bank  started  to                 
  deteriorate.   He  described  how they  rated  the banks  on                 
  capital assets,  liabilities management, and  liquidity, but                 
  the banking code did  not address the problems of  the banks                 
  that were deteriorating.                                                     
                                                                               
  MR. KIRKPATRICK continued a  lengthy description of multiple                 
  bank  failures,  depositor  losses,  the   13  C  open  bank                 
  assistance program, FDIC, sale of  assumptions, all of which                 
  needed to be addressed in the banking code.   He praised the                 
  vision and  action COMMISSIONER  GLENN OLDS  brought to  the                 
  banking division,  and COMMISSIONER OLDS wanted the division                 
  to work on  a process  to allow  international banks  better                 
  entry into the  Anchorage area.   MR. KIRKPATRICK  described                 
  the advantages of a strong international banking system.                     
                                                                               
  For all these reasons, MR. KIRKPATRICK was asked to recodify                 
  the banking  code, and  he described  a 10  month period  in                 
  which they planned their action, including the hiring of MR.                 
  BUSH, who was previous  counsel to the Division of  Banking.                 
  He described the search for  assistance, their choice of MR.                 
  BUSH, and his assignment.                                                    
                                                                               
  MR. KIRKPATRICK  outlined their  plan, saying  they did  not                 
  want  to  re-regulate  the  financial institutions,  and  he                 
  mentioned the repealer  for the  Savings and Loan  Act.   He                 
  described  the detailed plans  for the savings  and loans in                 
  making loans, and he  lamented the loss of three  saving and                 
  loans.  He summarized the problems with the Savings and Loan                 
  Act, and suggested  solutions using the Mutual  Savings Bank                 
  Act.  MR.  KIRKPATRICK said  he was using  the Mt.  McKinley                 
  Mutual Savings Bank in Fairbanks as a model for legislation.                 
                                                                               
  MR.  KIRKPATRICK  described using  the  input from  the bank                 
  examiners with  their 10  years of  experience through  good                 
  periods of banking as well as  the down side of the economy.                 
  He  carefully  outlined  the procedure  for  collecting  the                 
  information from survivors of the recent banking failures.                   
                                                                               
  At  this  point, MR.  KIRKPATRICK  introduced MR.  BUSH, who                 
  would give an outline on the proposed banking code.                          
                                                                               
  SENATOR LINCOLN suggested she might have a conflict with the                 
  committee, since she  is a party  to a lawsuit between  FDIC                 
  and United Bank Alaska.  SENATOR KELLY said he was not aware                 
  of any conflict.                                                             
                                                                               
  Number 103                                                                   
                                                                               
  MR.  BUSH   reviewed  the   hand  outs   for  the   proposed                 
  legislation, including  a Sectional Analysis on  the 2/19/93                 
                                                                               
                                                                               
  work  draft  for details  on  each  section.   He  noted two                 
  changes  in  the draft  on  page  14, Section  87,  removing                 
  paragraph (3), and he explained why.   The second change was                 
  on 17,  near the  bottom, to  replace AS  06.05.521 with  AS                 
  06.05.570.                                                                   
                                                                               
  Number 136                                                                   
                                                                               
  MR.  BUSH  referred the  committee  to the  handout entitled                 
  Outline  of Presentation  on  Recodification  of the  Alaska                 
  Banking Code, and  began by listing the  three major subject                 
  headings: BANK POWERS, BANK REGULATION, and ENFORCEMENT.                     
                                                                               
  On page 51,  in Section 88, MR. BUSH  described setting up a                 
  new  article  on  interstate and  international  banking, to                 
  allow foreign and other US banks  to enter the Alaska market                 
  place.    He  then  listed  all  of  the  prerequisites  for                 
  implementing  these provisions  dealing  with interstate  or                 
  international banks, and  discussed the distinction  between                 
  interstate and international  banks.   He explained how  the                 
  new banks could be established in Alaska.                                    
                                                                               
  SENATOR KELLY asked if that could be  done now, and MR. BUSH                 
  said  they could.    SENATOR SALO  clarified  it also  meant                 
  international banks, and  MR. BUSH  explained the rules  for                 
  establishing a foreign bank in Alaska.                                       
                                                                               
  Number 171                                                                   
                                                                               
  SENATOR  KELLY  asked  MR.  KIRKPATRICK  if  there  was  any                 
  interest by  other countries in the establishment  of a bank                 
  in  Alaska, and  MR.  KIRKPATRICK noted  a  Korean bank  was                 
  interested  earlier.   He said  they had  discussed it  with                 
  other  interests,  but  had  not   been  approached  for  an                 
  application.                                                                 
                                                                               
  MR. BUSH said the distinction was that an international bank                 
  could establish  a new branch  in Alaska, but  an interstate                 
  bank could not, and must buy an existing bank or branch.  He                 
  outlined the  regulations that would have to  be followed by                 
  an   interstate  bank,   including   reciprocity  and   FDIC                 
  insurance,  while  an  international  bank   would  have  to                 
  maintain assets in  this state at least equal to 100% of its                 
  Alaska  deposits.    This  would  mean full  protection  for                 
  depositors.                                                                  
                                                                               
  MR.  BUSH  explained  that  any  banks,  either  foreign  or                 
  interstate, would be  subject to examination, just  the same                 
  as an  Alaskan bank.  Additionally, the  Division of Banking                 
  would be authorized to  examine the home office of  the bank                 
  any  where  in  the  world, for  the  protection  of  Alaska                 
  depositors.                                                                  
                                                                               
  MR.  BUSH said the second significant change in the proposed                 
                                                                               
                                                                               
  recodification would allow the  banks to have  subsidiaries,                 
  and  he  explained  the  code  specifically authorized  real                 
  estate  ownership, development  and leasing,  insurance, and                 
  securities brokerage.                                                        
                                                                               
  Number 222                                                                   
                                                                               
  SENATOR KELLY asked if  this was allowed at this  point, and                 
  MR.   KIRKPATRICK  explained,  at   present,  there  was  no                 
  authority for the banks to have any other subsidiaries.  MR.                 
  BUSH  explained the  present  limited conditions.    SENATOR                 
  KELLY asked why this was being allowed,  and MR. KIRKPATRICK                 
  discussed reasons  such as  a  limited market,  competition,                 
  profit    centers,    management   decisions,    and   trust                 
  subsidiaries.  He described in an area without services such                 
  as a title company  or insurance coverage, a bank  could set                 
  up those services, and he gave  an example in Fairbanks as a                 
  way to  finance needed  businesses.  He  also described  the                 
  federal prohibitions in  relation to banks,  and he gave  an                 
  example of this in Oregon.                                                   
                                                                               
  SENATOR RIEGER confirmed  securities brokerage was  allowed,                 
  and asked if it was a service for a fee.                                     
                                                                               
  Number 200                                                                   
                                                                               
  MR.  KIRKPATRICK described  two  instances where  securities                 
  could be purchased in the State of Alaska through banks, and                 
  in both instances the banks  provided the facilities for the                 
  sales - but didn't provide the salesman.                                     
                                                                               
  MR. BUSH said a third major area in the BANK POWERS section,                 
  that  has  changed,  is  in the  lending  statutes,  and  he                 
  explained the banking  code has a  unique clause called  the                 
  "wild card  statute," which  permits the  division to  adopt                 
  regulations, even if  they conflict with statutes,  that are                 
  necessary  to  allow  state  banks  to be  competitive  with                 
  national  banks.     MR.  BUSH  gave   extensive  background                 
  information on  this  wild card  clause in  relation to  the                 
  lowering of federal lending standards.                                       
                                                                               
  MR.  BUSH said  the  code would  throw  out all  regulations                 
  adopted under the wild card statute  and adopt statutes that                 
  are  competitive  with the  federal  statutes, so  all banks                 
  could follow state law.   He took the federal  lending limit                 
  restrictions and put them into state statute.                                
                                                                               
  Number 248                                                                   
                                                                               
  SENATOR KELLY asked if the wild  card was still around.  MR.                 
  BUSH said if  changes occurred in federal  law requiring the                 
  state to be  competitive for  state banks,  the Division  of                 
  Banking would still have the authority.   He gave an example                 
  of cases in Alaska where there was unethical lending, and he                 
                                                                               
                                                                               
  explained  the  legislation   would  adopt  regulations   to                 
  determine when a loan  to one person would be  attributed to                 
  another, for purposes  of calculating the lending  limits of                 
  AS 06.05.205(b).                                                             
                                                                               
  Number 384                                                                   
                                                                               
  SENATOR KELLY wanted to  know for whom the rules  were being                 
  written, and  MR.  KIRKPATRICK answered  by explaining  they                 
  were  looking at  the banks  that were  chartered  under the                 
  Alaska Banking  Code.  He  used a  loan to the  Jordan Creek                 
  Mall from the  B.M. Behrends  Bank and the  Rainier Bank  to                 
  discuss the problem of over-runs in the cost of building the                 
  mall.  Money began  to be borrowed by separate  people still                 
  involved with  the building corporation, and MR. KIRKPATRICK                 
  explained it was difficult,  under the banking code  of that                 
  time, to withhold the loans, but there wasn't  enough income                 
  from the  mall  to pay  back  the loan.   He  explained  the                 
  problems evolve when the limits of the loan are exceeded.                    
                                                                               
  MR.  BUSH  explained  the  recodification  in  the  proposed                 
  legislation applies  to state  banks, but  doesn't apply  to                 
  trust companies  or  federally chartered  banks, except  for                 
  some changes to the entire Title 6.                                          
                                                                               
  SENATOR  KELLY reviewed  a  letter from  a  credit union  in                 
  Sitka,  expressing some  concerns.   He  then turned  to the                 
  Anchorage site on  teleconference to hear JIM  CRAWFORD, the                 
  CEO of  the City Commerce  Corporation, which he  entitles a                 
  non-bank.                                                                    
                                                                               
  Number 460                                                                   
                                                                               
  MR. CRAWFORD reported  he had reviewed  the work draft,  and                 
  felt  comforted by the remarks from  MR. KIRKPATRICK and MR.                 
  BUSH  regarding the changes  in the industry.   He described                 
  his  non-bank   and  said   there  were   passages  in   the                 
  recodification  he would  like  to see  deleted.   He  spoke                 
  specifically to page 23, Section 49,  and, "(d) A person may                 
  not own, operate, or acquire an institution that engages  in                 
  the  business  of   making  commercial  loans,   unless  the                 
  institution accepts demand deposits."                                        
                                                                               
  MR. CRAWFORD explained Alaska has always been a  tough place                 
  to get a loan,  and he described a growing  banking industry                 
  with  a   non-bank  component,  which   doesn't  deal   with                 
  depositor's money.    He  thought  depository  institutions,                 
  because of  federal regulation,  were  too conservative  and                 
  restrictive in their  lending, and he  cited his service  on                 
  the Advisory  Council for the  SBA for his  information from                 
  bankers.                                                                     
                                                                               
  Number 530                                                                   
                                                                               
                                                                               
  MR.  CRAWFORD  described  the pure  lenders  that  match the                 
  source  of capital to a source  of needed capital for a fee,                 
  and he described  an affiliate  in Texas who  is a  non-bank                 
  banker as well as an investment banker.   In order to have a                 
  vibrant lending community, he thought raising capital needed                 
  less regulation for small businesses, in particular.                         
                                                                               
  MR. CRAWFORD reviewed:                                                       
                                                                               
  (The   section   NUMBERS   given   by   the   teleconference                 
  participants were different  from those  on the rough  draft                 
  dated  2/19/93,  Bannister.   The  new section  numbers were                 
  substituted  for  those  given  by   MR.  CRAWFORD  and  MR.                 
  LANGDON.)                                                                    
                                                                               
       - Section 50  - He thought  banking business is  poorly                 
  defined.                                                                     
                                                                               
       -  Section 69  - He  disagreed with  the  provision (5)                 
  prohibiting a person from being on  a board of directors, if                 
  that person has filed for bankruptcy.                                        
                                                                               
  TAPE 93-14, SIDE A                                                           
  Number 001                                                                   
                                                                               
       -  Section 87  -  He disagreed  with the  definition of                 
  banking, which he said makes any lender a bank.                              
                                                                               
  SENATOR KELLY  returned to  the Anchorage teleconference  to                 
  hear  MARC LANGDON, CEO  of the  NorthRim Bank,  and CHARLES                 
  MCKEE.                                                                       
                                                                               
  Number 044                                                                   
                                                                               
  MR. LANGDON basically  agreed with  the legislation and  MR.                 
  KIRKPATRICK, but he thought there should be some changes:                    
                                                                               
       - Section 7  (d) which should have  a better definition                 
  on the penalties of insolvency.                                              
                                                                               
       -  Section  17,  which affects  a  holiday  closure, is                 
  outdated.                                                                    
                                                                               
       -  Section  15  (a)  -  He  thought it  gave  too  much                 
  authority to an agency to manage a bank.                                     
                                                                               
  Number 109                                                                   
                                                                               
       - Section 32 (a) would not permit a customer to have an                 
  overdraft.  They happen  daily, and the person shouldn't  be                 
  considered a felon.                                                          
                                                                               
       - Section 38,  involved a permitting process,  which he                 
  doesn't understand.                                                          
                                                                               
                                                                               
       - Section 51  - He thought present  bank examiners were                 
  over-zealous in classifying assets.                                          
                                                                               
  Number 171                                                                   
                                                                               
  SENATOR KELLY broke into  the testimony from MR.  LANGDON to                 
  ask him to  fax his suggested  changes to his office  before                 
  the  next hearing on  the proposed legislation.   He invited                 
  the  teleconference  participants to  let  him know  if they                 
  wanted to be heard at the next meeting.                                      
                                                                               
  There  being  no   further  business  to  come   before  the                 
  committee, the meeting was adjourned.                                        

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