Legislature(1993 - 1994)

02/25/1993 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 25, 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                                                            
                                                                               
  OTHERS PRESENT                                                               
                                                                               
  Senator Robin Taylor                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SENATE BILL NO. 76                                                           
  "An  Act  preventing persons  with  felony convictions  from                 
  being  involved  in   charitable  gaming  activities  as   a                 
  permittee,  licensee,  or  employee   in  a  managerial   or                 
  supervisory  capacity; and relating  to `political uses' and                 
  `political organizations'  as those  terms are  used in  the                 
  charitable gaming statutes."                                                 
  SCHEDULED BUT NOT HEARD THIS DAY.                                            
                                                                               
  SENATE BILL NO. 105                                                          
  "An Act relating to motor vehicle  dealers and to agents for                 
  motor vehicle buyers; and providing for an effective date."                  
                                                                               
  BANKING CODE REVISION                                                        
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  SB 76 - See Labor & Commerce minutes dated 2/11/93, 2/25/93,                 
                                                                               
          and 3/4/93.                                                          
                                                                               
  SB 105 - See Labor and Commerce minutes dated 2/25/93.                       
           See Judiciary minutes dated 3/10/93.                                
                                                                               
  BANKING CODE REVISION - previously heard on 2/23/93.                         
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Joe Ambrose                                                                  
  Senator Robin Taylor                                                         
  State Capitol                                                                
  Juneau, AK 99801-1182                                                        
    POSITION STATEMENT: Testified on SB 105.                                   
                                                                               
                                                                               
  Steven Allwine                                                               
  Alaska Auto Dealers                                                          
  8725 Mallard Street                                                          
  Juneau, Alaska 99801                                                         
    POSITION STATEMENT: Supported SB 105.                                      
                                                                               
  Willis Kirkpatrick, Director                                                 
  Division of Banking, Securities, & Corporations                              
  Dept. of Commerce & Economic Development                                     
  P.O. Box 1100807                                                             
  Juneau, Alaska 99811-0807                                                    
    POSITION STATEMENT: Banking Code Revision.                                 
                                                                               
  Marc Langdon, CEO                                                            
  NorthRim Bank                                                                
  9620 Spring Hill Drive                                                       
  Anchorage, Alaska 99508                                                      
    POSITION STATEMENT: Banking Code Revision.                                 
                                                                               
  Jeff Bush, Attorney                                                          
  175 S. Franklin Street, #318                                                 
  Juneau, Alaska 99801                                                         
    POSITION STATEMENT: Banking Code Revision.                                 
                                                                               
  William Moran, President                                                     
  First Bank                                                                   
  Box 7920                                                                     
  Ketchikan, Alaska 99901                                                      
    POSITION STATEMENT: Banking Code Revision.                                 
                                                                               
  Craig Ingrim                                                                 
  Mt. McKinley Bank                                                            
  Box 73880                                                                    
  Fairbanks, Alaska 99707                                                      
    POSITION STATEMENT: Banking Code Revision.                                 
                                                                               
  Charles McKee                                                                
  7800 DeBarr Rd. E. #63                                                       
  Anchorage, Alaska 99504                                                      
    POSITION STATEMENT: Banking Code Revision.                                 
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-15, 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  105 (MOTOR  VEHICLE DEALERS  &                 
  BUYERS' AGENTS) and invited the prime sponsor, SENATOR ROBIN                 
  TAYLOR, to testify.                                                          
                                                                               
                                                                               
  SENATOR TAYLOR gave  some background  information on SB  105                 
  dealing  with  an  automobile  broker,  who was  working  in                 
  Alaska, going out  of business without notice.  He explained                 
  it left   at least  30 people in  Southern Southeast  Alaska                 
  either without the car  they thought they had purchased,  or                 
  without legal title to a vehicle which had been delivered to                 
  them.  He further explained that  many were out dollars, and                 
  others were stuck in a nightmare that began with a  dream of                 
  owning their first new car.                                                  
                                                                               
  SENATOR TAYLOR  said the legislation  was an attempt  to see                 
  that problem would never be repeated by the establishment of                 
  a new definition in state law for a buyer's agent.  It would                 
  regulate the  activities of  such an  agent  and define  the                 
  difference between a buyer's agent and a licensed dealer.                    
                                                                               
  SENATOR TAYLOR said the bill would offer real  protection by                 
  requiring any fees collected by the  agent be held in escrow                 
  until the vehicle was delivered.  The buyer's agent would be                 
  required to maintain a fleet  record on each sale, including                 
  evidence of delivery.  SENATOR  TAYLOR reviewed the criminal                 
  penalties, asked for support for SB 105, and gave an example                 
  from Ketchikan to support his testimony.                                     
                                                                               
  SENATOR  KELLY  asked how  many  car brokers  there  were in                 
  Alaska, and there  was some  discussion with SENATOR  TAYLOR                 
  over possible numbers.                                                       
                                                                               
  Number 061                                                                   
                                                                               
  In  a  series  of  questions  and  answers,  SENATOR  RIEGER                 
  discussed with SENATOR TAYLOR the role  of the agent and the                 
  delivery of the car.                                                         
                                                                               
  SENATOR  KELLY clarified the legislation did  not apply to a                 
  licensed dealer or a salesman for a dealer.                                  
                                                                               
  JOE   AMBROSE,  aide   to  SENATOR   TAYLOR,  expanded   the                 
  information on warranties and the role of the buyer's agent.                 
                                                                               
                                                                               
  SENATOR RIEGER gave an example to  ask when a person becomes                 
  a dealer in Alaska.                                                          
                                                                               
  SENATOR KELLY invited STEVE ALLWINE, representing automobile                 
  dealers throughout the state of Alaska, to testify.                          
                                                                               
  Number 124                                                                   
                                                                               
  MR. ALLWINE voiced support from all of the dealers in Alaska                 
  on behalf of SB  105, and he commended SENATOR  TAYLOR'S for                 
  his introduction of the legislation.   He added insight into                 
  some  additional  problems  such  as  buyers  who   received                 
  different  vehicles   from  those  requested,   buyers  sold                 
                                                                               
                                                                               
  vehicles that were  not new, warranties that  were different                 
  from   expected,   lack   of   safety   notifications,   and                 
  manufacturers' recalls.   He explained some of  the problems                 
  did not surface until several years later, leaving consumers                 
  and local  dealers with the  dilemma.  He  quoted automobile                 
  manufacturers as being dissatisfied with the manner in which                 
  the brokers handled their automobiles.                                       
                                                                               
  Number 161                                                                   
                                                                               
  SENATOR  RIEGER  asked  questions  about  warranties  of MR.                 
  ALLWINE in connection with Section 1,  and how it would work                 
  in practice in  Alaska.  MR.  ALLWINE thought it would  work                 
  because  of  the  words, "reasonable  distances."    He gave                 
  examples of warranty failures, and  how they were handled in                 
  the  rural  areas  in  Alaska.    They  discussed  automatic                 
  warranties among  Chrysler vehicles, including  the purchase                 
  of vehicles from Anchorage to Southeast Alaska.                              
                                                                               
  SENATOR KELLY clarified  his testimony  dealt with new  cars                 
  rather than used, and MR. ALLWINE agreed.                                    
                                                                               
  SENATOR  PEARCE  moved  to pass  SENATE  BILL  NO.  105 from                 
  committee   with   individual   recommendations.     Without                 
  objections, so ordered.                                                      
                                                                               
  (The committee recessed until 2:00)                                          
                                                                               
  SENATOR  KELLY returned  the  proposed legislation,  BANKING                 
  CODE REVISION,  to committee and invited  WILLIS KIRKPATRICK                 
  to  continue  his  testimony on  the  recodification  of the                 
  banking  code.   SENATOR KELLY  noted the  committee was  on                 
  teleconference to Ketchikan, Anchorage, and Fairbanks.                       
                                                                               
  SENATOR KELLY said  there were concerns expressed  about the                 
  proposed legislation at the last meeting, and he thought MR.                 
  KIRKPATRICK and MR.  BUSH had  addressed most of  them.   He                 
  asked for  a  review of  those concerns  before opening  the                 
  discussion to the teleconference and those present.                          
                                                                               
  MR.  KIRKPATRICK chose  to  begin with  a  response to  MARC                 
  LANGDON, CEO of  the NorthRim  Bank in  Anchorage, who  sent                 
  down a private rough draft summarizing his previous comments                 
  from  the 2/23/93 meeting.   The following  is excerpts from                 
  the report and a response from MR. KIRKPATRICK.                              
                                                                               
  Number 251                                                                   
                                                                               
  MR. KIRKPATRICK  quoted a problem  area from MR.  LANGDON in                 
  Section 7 of AS 06.01,  paragraph (d), "a director, officer,                 
  or  employee  of  a  financial  institution who  receives  a                 
  deposit  knowing  that  the  institution  is  insolvent  and                 
  without  the  department's prior  approval,  is guilty  of a                 
                                                                               
                                                                               
  Class C felon."                                                              
                                                                               
  MR. KIRKPATRICK explained that during  the period of failing                 
  banks, his division  didn't want them to  close immediately,                 
  because they  were trying to find prospective borrowers.  He                 
  said  the  attorneys for  the  failing banks  were concerned                 
  about an existing law making it a felony to receive deposits                 
  while the  bank was  insolvent.   He cited  the addition  of                 
  "without the  department's  prior approval,"  to  allay  the                 
  fears by the bank of criminal fraud action, and he explained                 
  the control and protection of the depositors.                                
                                                                               
  MR. KIRKPATRICK assured MR. LANGDON that neither he nor  his                 
  employees, in the situation  as described, were going to  be                 
  adjudged felons.                                                             
                                                                               
  In reference to (e) (f) and  (g) in the same section of  MR.                 
  LANGDON'S draft, MR. KIRKPATRICK explained it dealt with the                 
  state having the authority to assess penalties for violation                 
  of  the Alaska  Banking Code.   He  described MR.  LANGDON'S                 
  concerns  because  of a  new  fiduciary from  Congress which                 
  gives extremely stiff penalties by the federal government to                 
  anyone who is violating federal law.  (MR. BUSH suggested it                 
  could be a million dollars a day potential penalty.)                         
                                                                               
  MR. KIRKPATRICK  assured MR.  LANGDON the  legislation would                 
  operate very  much like  a public utility  penalty, and  the                 
  bank  would  not  be  assessed  without  an  opportunity  to                 
  respond.                                                                     
                                                                               
  Number 312                                                                   
                                                                               
  MR. KIRKPATRICK, in  reference to  Section 17, wished  there                 
  had been more  discussion with the  banks on the notice  for                 
  closing on  holidays.  There  was a discussion  with SENATOR                 
  KELLY and MR. BUSH about it being rather a non-problem.                      
                                                                               
  In reference to Section 28, MR. KIRKPATRICK quoted (h), "The                 
  department  may adopt  regulations  classifying loans  based                 
  upon the type of securities or collateral and restricting or                 
  limiting  a  bank's  authority  to  make  loans  to  certain                 
  classes." He didn't think MR. LANGDON realized the origin of                 
  this  statute  in relation  to  problem loans  such  as real                 
  estate development  loans  and the  difficulty  in  covering                 
  every type of loan.  He  quoted MR. LANGDON'S rejoinders of,                 
  "This provision seems  to indicate that the State knows more                 
  about the economic conditions of  each bank's market than do                 
  the banks," as being correct, and  he used the Alaska Mutual                 
  Bank to make his point about questionable loans.                             
                                                                               
  Number 376                                                                   
                                                                               
  SENATOR  KELLY  suggested  the  division  could  limit   the                 
  authority of  a  bank to  make  loans, and  MR.  KIRKPATRICK                 
                                                                               
                                                                               
  replied  they  could  by  regulation,  but some  banks  were                 
  difficult to convince of the danger.                                         
                                                                               
  SENATOR  LINCOLN   questioned  her   understanding  of   "by                 
  statute,"  and  read  some passages  which  would  limit the                 
  bank's  authority to  make loans  to certain  classes.   MR.                 
  KIRKPATRICK agreed with  her as  to MR. LANGDON'S  concerns,                 
  and he described  his discussion with MR.  LANGDON involving                 
  the authority to address some problems not otherwise covered                 
  in statute.                                                                  
                                                                               
  Number 411                                                                   
                                                                               
  MR.  BUSH  explained  current existing  law  in  relation to                 
  lending, with  some restrictive statutory limits, which will                 
  be removed in the revision of the  banking code.  He said as                 
  long as the  lending situation in  the state is going  well,                 
  there won't be  the restrictions.   MR. BUSH  explained  the                 
  authority of the  division will  remain in case  they see  a                 
  problem developing.                                                          
                                                                               
  SENATOR  KELLY  discussed  the  authority under  regulation,                 
  rather than  statute, depending on  the extent of  the need,                 
  and he expressed some discomfort with that kind of authority                 
  since he favors the statute approach.                                        
                                                                               
  SENATOR LINCOLN  suggested  placing  a  period  right  after                 
  "collateral" on page 15, line 6, and delete the remainder of                 
  the  sentence,  "... and  restricting  or limiting  a bank's                 
  authority to make loans to certain classes."   She discussed                 
  her opinion.  SENATOR KELLY thought it might work.                           
                                                                               
  Number 452                                                                   
                                                                               
  SENATOR  SALO  questioned  limiting  authority  on   certain                 
  classes of loans, and  she gave an example of  poor economic                 
  times  where   a bank is  surviving by being  into the condo                 
  market heavily.  She  asked if this would  be an area  where                 
  the loans would be restricted.                                               
                                                                               
  MR. KIRKPATRICK  thought it was an excellent example, and he                 
  used the Peninsula Savings  and Loan in the condo  market in                 
  Anchorage to outline the division's  process in dealing with                 
  failing investments and restricting additional condo  loans.                 
  The bank protested there was nothing in the law limiting the                 
  loans, and MR. BUSH  explained how this could be  handled by                 
  redrafting the provisions.                                                   
                                                                               
  SENATOR SALO  suggested crafting  in a  different manner  by                 
  requiring a level of  diversification in loans, but she  was                 
  not in favor of eliminating  this section, since she thought                 
  the division should be  able to steer banks away  from risky                 
  markets.                                                                     
                                                                               
                                                                               
  MR. BUSH thought her answer would achieve the same goal, but                 
  he had a problem with defining it in statute.   There ensued                 
  a discussion with  SENATOR KELLY and  MR. BUSH on where  the                 
  judgement would lie.                                                         
                                                                               
  Number 520                                                                   
                                                                               
  In  reference to Section 32, MR.  KIRKPATRICK quoted (a), "a                 
  director, officer,  or employees  of a state  bank many  not                 
  knowingly,   willfully   and   persistently   overdraw   the                 
  director's,  officer's, or  employee's  account or  permit a                 
  customer to do so," and said he spent considerable time with                 
  MR. LANGDON on this area.   MR. KIRKPATRICK explained he was                 
  concerned  about  the huge  overdrawn household  accounts by                 
  choice customers  that the  banks don't  want to  lose.   He                 
  expressed  concern   with  accounts   that  were   overdrawn                 
  "knowingly, willfully  and very persistently" and  the abuse                 
  in using the overdrawn account as a credit source.                           
                                                                               
  SENATOR  KELLY  asked  about  existing  law,  and  MR.  BUSH                 
  explained  Section 32 was  still in  existing law  with some                 
  technical changes.  There was  some discussion on commercial                 
  accounts with SENATOR KELLY as being a non-problem.                          
                                                                               
  MR.  KIRKPATRICK reviewed  Section  38, AS  06.05.235, which                 
  "relates  to provisions  that  would  require bank  holdings                 
  companies to obtain a permit and possibly post a bond before                 
  they could acquire a  bank in the state," which  MR. LANGDON                 
  declared  would  be   an  impediment   to  business.     MR.                 
  KIRKPATRICK used Rainier Bank in  discussing the purchase of                 
  failing banks, which  eventually gave Bank of  America about                 
  75% of the  banking assets of the  State of Washington.   It                 
  took a threat of anti-trust legislation  to make the Bank of                 
  America more responsive to the problem.                                      
                                                                               
  TAPE 93-15, SIDE B                                                           
  Number 001                                                                   
                                                                               
  MR.  KIRKPATRICK   explained  it  was   this  concern   over                 
  interstate branching which inspired one of the provisions in                 
  the  new code.   The  provision would require  that existing                 
  branches be purchased rather than new ones formed by Outside                 
  banks.  Otherwise,  it would  not be possible  to prevent  a                 
  large  Outside bank  from  gobbling up  all  of the  banking                 
  interests in Alaska.                                                         
                                                                               
  SENATOR  LINCOLN wondered  why MR.  KIRKPATRICK changed  the                 
  "equal to"  to "not more than" on page  18, line 31, and she                 
  was concerned the wording could be construed as "less than."                 
                                                                               
                                                                               
  MR. BUSH explained  why a bond  of that specific amount  was                 
  needed, but in some cases the bond could be less.  In all of                 
  the banking history  of Alaska  since 1970, a  bond was  not                 
                                                                               
                                                                               
  needed  in this  case.   MR. KIRKPATRICK  explained  how the                 
  legislation was an  attempt to say the  holding company does                 
  have a responsibility to the subsidiary.                                     
                                                                               
  SENATOR KELLY  began the teleconference by  inviting WILLIAM                 
  MORAN, President of First Bank in Ketchikan, to testify.                     
                                                                               
  MR. MORAN said he attended the first meeting on the proposed                 
  legislation  and has been  involved in the  process with the                 
  state  Division of Banking from  the beginning.  He supports                 
  the legislation as  currently written, and he  explained the                 
  part First Bank  has played in  being on  both sides of  the                 
  charter issue in  changing from being  a national bank to  a                 
  state chartered bank.                                                        
                                                                               
  MR. MORAN  thought the  recodification of  the banking  code                 
  would allow enough  flexibility to  keep it current  without                 
  returning to the legislature every time there needed to be a                 
  minor  change.   He  reviewed  the changes  in subsidiaries,                 
  which  he  considered kindred  financial  services, and  the                 
  lending  statutes  which   he  thought  were  difficult   to                 
  decipher.                                                                    
                                                                               
  MR.  MORAN  explained  why  he  preferred the  broad  powers                 
  described by the Division of Banking  on loan guidelines and                 
  employee loans.  He praised the expansion and flexibility of                 
  the proposal by the  state in the revised code as similar to                 
  those  adopted by  the Federal  Reserve, the  FDIC,  and the                 
  Office of the Comptroller of the Currency.                                   
                                                                               
  MR.  MORAN  concluded  with  praising  the  ability  of  the                 
  Division  of  Banking  to  be  more  flexible  on  allowable                 
  investments in Federal Home Loan  Bank legislation passed at                 
  the national level,  which would  allow commercial banks  to                 
  join the  home loan  bank system.   He  thought the  current                 
  recodification  is an  enlightened  approach  to  address  a                 
  number  of  problems with  the  existing statutes  and would                 
  bring  the  code up  to  parity  with the  national  banking                 
  system.                                                                      
                                                                               
  Number 124                                                                   
                                                                               
  SENATOR  RIEGER  clarified  that  MR.   MORAN  was  a  state                 
  chartered bank, and he  wanted to know the advantages.   MR.                 
  MORAN  listed the reasons  they liked being  an Alaskan bank                 
  including going to Juneau to talk  to someone who knows what                 
  is going on v. dealing on the national level with the latest                 
  fad  in   bank  regulations.     He   praised  the   working                 
  relationship with the state.                                                 
                                                                               
  SENATOR KELLY turned to Fairbanks to hear from CRAIG INGRIM,                 
  President of the Mt. McKinley Bank.                                          
                                                                               
  MR.  INGRIM agreed with the proposed legislation and felt it                 
                                                                               
                                                                               
  would benefit all of the state banks.                                        
                                                                               
  SENATOR RIEGER  asked  if he  had  FDIC insurance,  and  MR.                 
  INGRIM said they did.                                                        
                                                                               
  SENATOR KELLY  next went to  Anchorage to hear  from CHARLES                 
  MCKEE.                                                                       
                                                                               
  Number 171                                                                   
                                                                               
  MR. MCKEE said he would fax his information to SENATOR KELLY                 
  as to why he was against  the proposed legislation.  SENATOR                 
  KELLY gave him directions for sending it from the LIO.                       
                                                                               
  MR. MCKEE expressed  concerns about  Section 6 dealing  with                 
  injunctions, notices and hearings because he wanted to bring                 
  back  a gold and silver based  currency, utilizing the Legal                 
  Tender Issue Act.  He said it was  all within the Cartwright                 
  paper work being faxed to SENATOR KELLY.                                     
                                                                               
  MR.  MCKEE  concurred  with  MR.  LANGDON  since he  was  in                 
  sympathy  with  people  faced with  felony  charges,  and he                 
  described trying to bring criminal trespass  charges against                 
  those who hindered his project.                                              
                                                                               
  Number 209                                                                   
                                                                               
  MR.  KIRKPATRICK,  asked  to continue  with  Section  51, AS                 
  06.05.235, on page 25, line 24 (c), quoted  "if a bank fails                 
  to  maintain  its  total  capital  accounts  and  loan  loss                 
  reserves in  an amount  equal  to the  assets classified  as                 
  substandard by  the FDIC  or the  state  ... the  department                 
  shall consider the failure as  endangering the safety of the                 
  depositors and may  direct the bank's directors  to increase                 
  the  capital  accounts  in  an  amount sufficient  to  cover                 
  substandard assets."                                                         
                                                                               
  MR. KIRKPATRICK  said it  was existing  law and  has been  a                 
  reliable tool in the closure of financial  institutions.  He                 
  explained MR. LANGDON'S view as being Alaska's First Federal                 
  Reserve Bank, and  as a member,  is examined by the  Federal                 
  Reserve System  every six  months.   MR. LANGDON  quoted the                 
  federal examiners as  seeing in his bank  loans, substandard                 
  loans, which was giving him problems in Southern California.                 
  He feels he might get forced into raising more capital.                      
                                                                               
  MR. KIRKPATRICK said  he had discussed with  MR. LANGDON the                 
  importance  of  the  existing law  in  relation  to possible                 
  deteriorating loans and  possible failure by  the bank.   He                 
  pointed out  the key  words in  the  legislation that  could                 
  endanger  the depositors and  explained the ramifications of                 
  substandard assets, but  MR. LANGDON did  not think some  of                 
  the loans were substandard.                                                  
                                                                               
                                                                               
  SENATOR  SALO   asked  for  the  significance  for  deleting                 
  "adjusted."   MR. BUSH  explained the  definitions had  been                 
  standardized throughout the bill as listed on page 47.                       
                                                                               
  Number 280                                                                   
                                                                               
  MR.  KIRKPATRICK  discussed with  SENATOR  KELLY  some added                 
  information to MR. LANGDON'S concerns about Section 51.                      
                                                                               
  MR. KIRKPATRICK next  went to Section  71, AS 06.05.437,  on                 
  page  36,  beginning  on  line 22,  which  would  allow  the                 
  department to order the  board to remove an officer  who has                 
  been "negligent, dishonest, reckless or incompetent."                        
  MR. LANGDON objected to what  he considered the department's                 
  right to micro-manage the bank, rather than regulate.                        
                                                                               
  SENATOR KELLY  asked whether he  had a  discussion with  MR.                 
  LANGDON, and MR. KIRKPATRICK indicated it had been a lengthy                 
  one.    SENATOR KELLY  asked for  a  copy of  the privileged                 
  information from MR. LANGDON.                                                
                                                                               
  MR. KIRKPATRICK reviewed  the last section presented  by MR.                 
  LANGDON which asked  that international banks be  subject to                 
  the same rules  and restrictions that cover  domestic banks.                 
  He  was  concerned  the  international  bank  could  collect                 
  deposits from customers  in the  state, but not  reciprocate                 
  with proportional lending.                                                   
                                                                               
  MR. BUSH thought  the legislation would do  what MR. LANGDON                 
  wanted,  which  was  for  domestic banks  to  have  the same                 
  authority  as  international banks.    He promised  that all                 
  banks, domestic and  international, would  play by the  same                 
  rules.                                                                       
                                                                               
  SENATOR   KELLY   asked  about   other  concerns,   and  MR.                 
  KIRKPATRICK discussed a letter from JIM CRAWFORD, the CEO of                 
  City Commerce Corporation, which he  has labeled a non-bank.                 
  MR. KIRKPATRICK was  perplex about a Fosby  Ruling mentioned                 
  by  MR.  CRAWFORD, and  he thought  it  might be  related to                 
  trading accounts, but  he had not  been able to contact  MR.                 
  CRAWFORD about his concerns.                                                 
                                                                               
  SENATOR KELLY asked how  the figure of $10,000, a  new limit                 
  for  loans  to   an  employee,  director  or   officer,  was                 
  determined, and MR. KIRKPATRICK  reviewed some past history.                 
  They concluded it was an adjustment for inflation.                           
                                                                               
  Number 370                                                                   
                                                                               
  SENATOR KELLY explained  he had  been asked in  the bill  to                 
  increase  the  pawn shop  cap  from  $200 to  $500,  and MR.                 
  KIRKPATRICK indicated he had no  objections to its inclusion                 
  in the bill.                                                                 
                                                                               
                                                                               
  MR. BUSH referred  to a  letter from MR.  CRAWFORD with  his                 
  second  concern  related  to Section  49,  which  he thought                 
  included the  prohibition  of a  non-bank  bank.   This  was                 
  discussed at the last hearing  on this proposed legislation,                 
  as  well.   MR.  BUSH  said  the section  was  borrowed from                 
  Montana and  was not  designed to  deal with  MR. CRAWFORD'S                 
  operation.  MR. BUSH said MR. KIRKPATRICK was going to be in                 
  touch with the Association of  State Regulators to determine                 
  language that  would not  touch MR.  CRAWFORD'S business  or                 
  other  similar  businesses.   For  now,  MR.  BUSH suggested                 
  pulling Section 49 from the bill.                                            
                                                                               
  Number 410                                                                   
                                                                               
  MR. BUSH quoted MR. CRAWFORD as discussing the definition of                 
  "banking business" at some length, and they agreed it needed                 
  to be changed because the banking business has  changed over                 
  the years.   He offered a  proposed amendment to change  the                 
  definition  which  he  hoped  would  be  acceptable  to  MR.                 
  CRAWFORD.                                                                    
                                                                               
  MR. BUSH addressed MR. CRAWFORD'S final request of placing a                 
  time limit  on the disqualification  of a director  based on                 
  the director having filed for bankruptcy.  He said there was                 
  agreement that  bankruptcy would not  disqualify a director,                 
  and he referred  to Section 69 in  which it is a  factor the                 
  department may consider relevant in removing a director.                     
                                                                               
  SENATOR  KELLY  asked about  the  letter from  GARY STERTON,                 
  President/CEO of the ALPS Federal Credit Union in Sitka, and                 
  MR. BUSH said he  first objected to Section 9,  AS 06.05.005                 
  (b) (7) (G) and  (H) on page 8.  He thought  MR. STERTON may                 
  have  misinterpreted  "may"  for  something  the  department                 
  "shall" do, or would  require.  He said there was  no change                 
  from  existing  law,  which  he  explained  as  a  tool  for                 
  examiners.                                                                   
                                                                               
  MR. BUSH said they had discussed  some of the other concerns                 
  of MR. STERTON, but he didn't  think there was anything else                 
  that needs discussion.   MR. BUSH  said he had responded  in                 
  writing, with a copy to SENATOR KELLY for distribution.                      
                                                                               
  SENATOR RIEGER expressed some concerns which he preferred to                 
  keep for the final version.                                                  
                                                                               
  SENATOR KELLY set  up an  appointment with MR.  KIRKPATRICK,                 
  MR. BUSH, and  JOSH FINK for the next  morning to review the                 
  final version of the bill.                                                   
                                                                               
  MR. KIRKPATRICK gave  a final review from  people interested                 
  in the legislation.                                                          
                                                                               
  SENATOR KELLY said he  planned to finalize the bill  for one                 
  more hearing - a major overview in committee.                                
                                                                               
                                                                               
  There  being  no   further  business  to  come   before  the                 
  committee, the meeting was adjourned at 3:25 p.m.                            

Document Name Date/Time Subjects