Legislature(1993 - 1994)

03/02/1993 02:35 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                             
                          March 2, 1993                                        
                            2:35 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Tim Kelly, Chairman                                                  
  Senator Steve Rieger, Vice-Chairman                                          
  Senator Georgianna Lincoln                                                   
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Senator Drue Pearce                                                          
  Senator Judy Salo                                                            
                                                                               
  OTHERS PRESENT                                                               
                                                                               
  Senator Jay Kerttula                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  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."                                                      
                                                                               
  SENATE BILL NO. 86                                                           
  "An  Act  relating  to  funds  transfers under  the  Uniform                 
  Commercial Code; changing Alaska Rule of Civil Procedure 82;                 
  and providing for an effective date."                                        
                                                                               
  SENATE BILL NO. 112                                                          
  "An Act relating  to the  Uniform Commercial Code;  amending                 
  Alaska Rules of Civil Procedure 8 and 82, and Alaska Rule of                 
  Evidence 402; and providing for an effective date."                          
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  SB 99 -  See Labor & Commerce minutes dated 2/16/93 and                      
           2/23/93.                                                            
                                                                               
  SB 86 -  NONE.                                                               
                                                                               
  SB 112 - NONE.                                                               
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Josh Fink, Committee Aide                                                    
  Senator Tim Kelly                                                            
  State Capitol                                                                
  Juneau, AK 99801-1182                                                        
    POSITION STATEMENT: Testified on SB 99.                                    
                                                                               
                                                                               
  Bill Kelder, Aide                                                            
  Senator Jay Kerttula                                                         
  State Capitol                                                                
  Juneau, AK 99801-1182                                                        
    POSITION STATEMENT: Testified on SB 86.                                    
                                                                               
  Arthur Peterson                                                              
  Uniform Law Commissioner for Alaska                                          
  Dillon & Finley                                                              
  One Sealaska Plaza, Suite 202                                                
  Juneau, Alaska 99801                                                         
    POSITION STATEMENT: Testified on SB 86.                                    
                                                                               
  Gerald Kurtz, Attorney                                                       
  Uniform Law Commissioner for Alaska                                          
  Anchorage, Alaska                                                            
    POSITION STATEMENT: Testified on SB 86.                                    
                                                                               
  Pat Crandall                                                                 
  National Bank of Alaska                                                      
  Alaska Bankers Association                                                   
  123 Seward Street                                                            
  Juneau, Alaska 99801                                                         
    POSITION STATEMENT: Supported SB 86.                                       
                                                                               
  Willis Kirkpatrick, Director                                                 
  Banking, Securities and Corporations                                         
  Commerce and Economic Development                                            
  P.O. Box 110806                                                              
  Juneau, alaska 99811-0806                                                    
    POSITION STATEMENT: Testified on SB 86.                                    
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-16, SIDE A                                                           
  Number 001                                                                   
                                                                               
  CHAIRMAN TIM KELLY  called the Labor and  Commerce Committee                 
  meeting to order at 2:35 p.m.                                                
                                                                               
  SENATOR KELLY returned  SB 99  (FINANCIAL ADMINISTRATION  OF                 
  STATE GOVERNMENT) by request of  the Governor, to committee,                 
  and asked his committee  aide, JOSH FINK, to give  an update                 
  on the bill.                                                                 
                                                                               
  MR. FINK said the fiscal notes would all have to be updated,                 
  and he  reviewed the  substantive changes  in the  committee                 
  substitute.  He  explained the first  change was in  Section                 
  44, which did not  appear in the earlier version,  but would                 
  change  the  manner  in which  hunting  and  fishing license                 
  vendors are compensated.                                                     
                                                                               
  MR. FINK reported the  second change in Sections 46  and 72,                 
                                                                               
                                                                               
  would establish a  statutory two-year term for  both initial                 
  and  renewal certificates of  fitness, rather  than allowing                 
  the  Department  of   Labor  to   determine  the  terms   by                 
  regulation.  He explained that Section 72 is a  transitional                 
  provision to allow the department to switch from the current                 
  one and  three year  terms to  the new  two-year terms.   In                 
  addition,  the  department  was  given  the power  to  adopt                 
  regulations to implement the transition.                                     
                                                                               
  SENATOR  KELLY  clarified the  present  draft of  SB  99 was                 
  designated as the J version.                                                 
                                                                               
  MR. FINK explained Section 47 was rewritten to establish the                 
  fees  by  statute  rather  than  regulation and  Section  48                 
  establishes the fee  by statute and eliminates  an exception                 
  for state employees.                                                         
                                                                               
  MR. FINK said Section 49 would set the fee for an employment                 
  agency permit at  $100 for  two years, the  duration of  the                 
  permit  is  set  in  statute, and  the  application  fee  is                 
  retained at $10.                                                             
                                                                               
  MR. FINK said the  last changes were in Sections 66  and 67,                 
  and he described a mix of statute and regulation for setting                 
  fees by the Division of Parks.                                               
                                                                               
  SENATOR RIEGER referred to page 20,  lines 9 through 23, and                 
  asked if the  $1 admission would always be the  same, and he                 
  was told the admission could not be other  than $1.  SENATOR                 
  RIEGER also expressed concern on  line 16, (12), because  he                 
  thought there are places  where a parking fee should  not be                 
  charged.                                                                     
                                                                               
  SENATOR KELLY, in reference to line  22, thought $2 for each                 
  person over  10 years of  age was excessive.   MR. FINK said                 
  the age should be 18 years of age.                                           
                                                                               
  SENATOR  RIEGER  moved  to  adopt CS  FOR  SENATE  BILL  NO.                 
  99(L&C).  Without objections, so ordered.                                    
                                                                               
  SENATOR RIEGER moved to adopt the change in line 22  of page                 
  20 to  read:  $2  for each  person  over 18  years  of  age.                 
  Without objections, so ordered.                                              
                                                                               
  SENATOR RIEGER  still found  objections with  Section 33  on                 
  page 11,  line 3,  which would  allow the  Office of  Public                 
  Advocacy  to  charge   and  collect  fees  and   also  waive                 
  collection in certain  instances.  SENATOR KELLY  thought it                 
  might be changed in the Finance committee, but MR. FINK said                 
  a letter of  intent had been  delivered to the office  which                 
  discusses SENATOR RIEGER'S concerns.                                         
                                                                               
  Number 120                                                                   
                                                                               
                                                                               
  SENATOR RIEGER moved to pass CS FOR SENATE BILL NO. 99(L&C)                  
  from  committee with  individual  recommendations.   Without                 
  objections, so ordered.                                                      
                                                                               
  SENATOR KELLY  introduced SB  86 (FUND  TRANSFERS UNDER  THE                 
  UNIFORM COMMERCIAL CODE) and asked who was going  to explain                 
  the bill.   BILL KELDER,  Aide to SENATOR  KERTTULA, said  a                 
  copy of the  explanation had been delivered to the committee                 
  member offices, but he deferred to ARTHUR PETERSON, who is a                 
  Uniform Law Commissioner for Alaska.   GERALD KURTZ, who  is                 
  also a Uniform Law Commissioner for Alaska, was Off-Net from                 
  Anchorage on the teleconference network.                                     
                                                                               
  MR. PETERSON explained that although he  was now an attorney                 
  in private practice with Dillon & Findley, he  was appearing                 
  in  his role as  a Uniform Law Commissioner  for Alaska.  He                 
  testified in support  of SB  86 and urged  the committee  to                 
  favorably report it from committee.                                          
                                                                               
  Number 164                                                                   
                                                                               
  MR. PETERSON said the bill was supported by the American Bar                 
  Association,  the  American  Law   Institute,  the  American                 
  Bankers  Association,  and  was developed  by  the  National                 
  Conference of Commissioners and Uniform State Laws.                          
                                                                               
  MR. PETERSON said the  purpose of the bill was  to recognize                 
  modern electronic technology  and modern business practices.                 
  He said it  would provide legislative  answers to the  great                 
  number  of  questions that  arise in  the  new way  of doing                 
  business, is vastly  preferable to  the current system,  and                 
  has been  enacted by  44 states.   Enactment  by all  states                 
  would retain  this subject for  handling by  the states  and                 
  would preclude federal intervention.                                         
                                                                               
  MR. PETERSON said the bill covered two areas, wholesale wire                 
  transfers,  and non-consumer  automated payments,  which are                 
  similar.  He explained it parallels, and is consistent with,                 
  a related federal act and with the rules that govern the two                 
  principle national wire  systems, the FedWire and  the CHIPS                 
  (Clearing House Interbank Payment Systems).                                  
                                                                               
  MR. PETERSON said  he preferred to answer questions  at this                 
  point, and  he noted  another Uniform  Law Commissioner  for                 
  Alaska, GERALD KURTZ, who has a  great deal of experience in                 
  commercial law, was on the teleconference from Anchorage.                    
                                                                               
  Number 201                                                                   
                                                                               
  SENATOR RIEGER questioned the national act, and MR. PETERSON                 
  explained the federal act was  the Electronics Transfer Act,                 
  which  covers   only  consumer  transactions,  such   as  an                 
                                                                               
                                                                               
  automated teller machine  or credit  card transactions.   He                 
  also  explained this  act  is uniform  among  all the  other                 
  states and with  the two  national wire systems.   The  only                 
  changes he noted  were to comply with  Alaska's requirements                 
  of style  and numbering  adjustments; otherwise,  it is  the                 
  national version.                                                            
                                                                               
  SENATOR KELLY invited MR. KURTZ in Anchorage, to  testify on                 
  SB 86.                                                                       
                                                                               
  MR.  KURTZ  reviewed  some  of  the provisions  specific  to                 
  Alaska, and he thought it was important that 44 other states                 
  had adopted the act.  He explained it was  quite critical to                 
  those business people, who were trying to hold down the cost                 
  of business and  consumer transactions and keep  up with the                 
  rest of the world on the subject of both SB 86 and SB 112.                   
                                                                               
  PETE CRANDALL, representing the National  Bank of Alaska and                 
  the  Alaska  Bankers  Association,   urged  the  committee's                 
  support of SB 86.  He explained it would provide clear lines                 
  of responsibility for all parties utilizing electronic funds                 
  transfers  and would  reduce, or  eliminate,  legal disputes                 
  between all parties  that conduct  business in this  manner.                 
  He said  it could also  eliminate disputes that  could arise                 
  between  the  State of  Alaska  and other  states,  since it                 
  provides clear, fair, and sound rules  for all parties - not                 
  just bankers.                                                                
                                                                               
  Number 269                                                                   
                                                                               
  SENATOR KELLY asked  WILLIS KIRKPATRICK  if the Division  of                 
  Banking supported  the bill, and  MR. KIRKPATRICK  responded                 
  they supported the bill - and it had no fiscal note.                         
                                                                               
  SENATOR RIEGER asked  MR. CRANDALL what happened  when funds                 
  were  erroneously sent, and who was responsible for the loss                 
  of interest in the transaction.                                              
                                                                               
  MR. CRANDALL explained  both the  senders and the  receivers                 
  have some responsibilities, but the act would clearly define                 
  the rules, and he gave an example.                                           
                                                                               
  SENATOR RIEGER said  he was looking  from the standpoint  of                 
  the owner of  the funds,  who directs the  bank to  transfer                 
  some funds, if  the deal goes wrong.   He asked if  he would                 
  still get his interest, and at  what rate of interest, while                 
  the problem is being sorted out.                                             
                                                                               
  MR.  PETERSON  assured SENATOR  RIEGER  he would  not suffer                 
  because the bank, or whoever made  the error, would bear the                 
  burden of his loss, but the rate of  interest would be under                 
  law of the state.  He  quoted the supporting Alaska statute,                 
  AS 45.45.10, which is essentially market rate.                               
                                                                               
                                                                               
  SENATOR KELLY asked for further questions.                                   
                                                                               
  SENATOR  LINCOLN quoted  SENATOR KERTTULA  as expecting  the                 
  bill to bring  the state laws  into compliance with  federal                 
  law,  otherwise, the  federal  government  will perform  the                 
  regulatory  and  enforcement  duties  related  to  the  fund                 
  transfers.  She asked for a meaning of his quote.                            
                                                                               
  Number 299                                                                   
                                                                               
  MR. PETERSON  referred to  his previous  testimony that  the                 
  federal government wishes to be assured that all states deal                 
  with  fund transfers  in  the  same  way for  a  nation-wide                 
  system.   He explained  if the  states  don't conform,  then                 
  either  Congress  or   the  appropriate  federal  regulatory                 
  agencies  would  intervene.    He   also  explained  it  was                 
  important for Alaska to have a model version of the act, and                 
  he  said  the two  federal  wire  services  had adopted  the                 
  language produced by the Uniform Law Commissioners.  He said                 
  the  state statute  is consistent  with federal  law on  the                 
  books, but he  expressed the fear  that if the states  don't                 
  act,  the  federal  government  would  expand  its  area  of                 
  regulation.                                                                  
                                                                               
  SENATOR  LINCOLN,  in  reference  to  those  states  without                 
  similar  legislation, asked  if their  regulations would  be                 
  replaced by the federal government.                                          
                                                                               
  MR. PETERSON explained if the states fail to act, they would                 
  place their commercial climate at a great  disadvantage.  He                 
  explained that if  all states  cannot implement the  Uniform                 
  Act, that encourages the federal government to intervene, if                 
  they feel it is required.                                                    
                                                                               
  SENATOR KELLY noted a list of those 45 states who have acted                 
  on the Uniform  Commercial Code, and  he asked why this  has                 
  happened so quickly.                                                         
                                                                               
  MR. PETERSON explained the UCC had swept the country because                 
  of the great  push to make uniform  all of the laws  to keep                 
  pace with the strides in the business world, and he reviewed                 
  the bill from last session on this subject.                                  
                                                                               
  Number 347                                                                   
                                                                               
  SENATOR RIEGER asked about  the rate of interest on  page 37                 
  of  the  bill, as  to  whether  it referred  to  the various                 
  financial  institutions.    MR.  PETERSON  explained,  as  a                 
  depositor, a  rate would  be set  in the  contract with  the                 
  bank.                                                                        
                                                                               
  After a few more questions on the subject,                                   
                                                                               
  SENATOR RIEGER  moved  to  pass  SENATE  BILL  NO.  86  from                 
                                                                               
                                                                               
  committee   with   individual   recommendations.     Without                 
  objections, so ordered.                                                      
                                                                               
  SENATOR KELLY  introduced CS  FOR SENATE  BILL NO.  112(L&C)                 
  (UNIFORM COMMERCIAL  CODE REVISIONS),  sponsored by  SENATOR                 
  JAY  KERTTULA, and  invited  ARTHUR  PETERSON,  Uniform  Law                 
  Commissioner for Alaska, to explain the bill.                                
                                                                               
  MR. PETERSON explained that although  he was now an attorney                 
  in private practice with Dillon & Findley,  he was appearing                 
  in his role as a Uniform Law Commissioner for Alaska, and he                 
  strongly supported SB 112.                                                   
                                                                               
  MR. PETERSON said the  bill was a faithful adherence  to the                 
  national uniform versions and covers three areas: (1)  a new                 
  article  2A on personal property leasing (Section 125 of the                 
  bill),  (2)  amendments to  the  UCC's  articles  3  and  4,                 
  regarding   negotiable   instruments,  bank   deposits,  and                 
  collections (Sections 14 through 117  and 127 of the  bill),                 
  and (3) repeal of UCC's article 6 on bulk sales (Section 127                 
  of the  bill). He  explained Alaska's  numbering system  was                 
  different, and he preferred to refer to the article numbers.                 
                                                                               
  Number 382                                                                   
                                                                               
  MR.  PETERSON  said   the  Labor   and  Commerce   Committee                 
  Substitute for  SB 112 before  the committee was  a faithful                 
  reproduction, which makes a couple of technical corrections.                 
  He noted an additional  typo on line 27, which  would insert                 
  "lessor  or"  in  front of  "lessee,"  and  he  said he  had                 
  discussed it with the drafting department.                                   
                                                                               
  MR. PETERSON said there was presently  no law on the subject                 
  of Personal Property Leasing, which means that any questions                 
  that arise go  to litigation depending on  the disagreement,                 
  go to the  courts, and provide activity  for attorneys, when                 
  statutory authority  should provide the  necessary guidance.                 
  He reviewed the items that fall under personal property  and                 
  said the current absence of these rules inspires litigation.                 
  He explained a national system was needed since commerce was                 
  conducted across state lines.                                                
                                                                               
  MR. PETERSON noted that  the Negotiable Instruments articles                 
  of the UCC had not been revised in about 30 or 40 years, and                 
  he reviewed the proliferation of negotiable instruments from                 
  9  billion in the  late 1950 to  48 billion checks  now.  He                 
  explained SB 112 recognized the need  to provide a number of                 
  simple and fair answers on a national basis.                                 
                                                                               
  In the Bulk Sales area, MR. PETERSON noted it was a sale out                 
  of the ordinary course of business or a "bulk transfer," and                 
  he explained, under the  old law, there was a  great concern                 
                                                                               
                                                                               
  for  the  creditors,   leaving  the   buyers  to  fend   for                 
  themselves.  He described new laws have partially overlapped                 
  article 6, and more  sophisticated and wide-spread inventory                 
  financing under article 9 of the UCC have provided even more                 
  significant protection for creditors.   He reviewed a letter                 
  from a  group of  16 Alaska  business law  attorneys listing                 
  their reasons for unanimously supporting SB 112.                             
                                                                               
  Number 447                                                                   
                                                                               
  SENATOR  LINCOLN  asked  MR.  PETERSON   to  point  out  the                 
  difference between the original bill and the changes made in                 
  the Labor and Commerce Committee.                                            
                                                                               
  MR.  PETERSON  listed  the  changes  which  dealt  with  the                 
  insertion of  words to  avoid changing  the citations  every                 
  time another chapter is added, to correct typos,  to promote                 
  consistency   with   the   national  version,   to   resolve                 
  inconsistencies, to correct significant  punctuation, and to                 
  add relevant language.                                                       
                                                                               
  Number 511                                                                   
                                                                               
  SENATOR LINCOLN discussed some  of the inconsistent language                 
  with MR. PETERSON, and MR. PETERSON agreed she was correct.                  
                                                                               
  SENATOR RIEGER had a question on page 93 with the use of the                 
  word, unconscionability, and  MR. PETERSON  directed him  to                 
  line 15 (d) to read the modification to be sure the national                 
  approach  prevails,  within the  context  of Alaska  Rule of                 
  Civil Procedure 82 dealing with a consumer lease.                            
                                                                               
  SENATOR RIEGER  was still concerned with  an "unconscionable                 
  clause" in a  contract, and he  gave an  example of its  use                 
  being a  blank check in  a contract.   MR.  PETERSON used  a                 
  similar example to explain the need for a nationally uniform                 
  system of rights and obligations.                                            
                                                                               
  SENATOR KELLY said the  bill would be discussed at  the next                 
  meeting,  and  he  invited  GERALD   KURTZ,  a  Uniform  Law                 
  Commissioner in  Alaska, to testify from his off-net site in                 
  Anchorage.                                                                   
                                                                               
  MR.  KURTZ  explained  that  in  addition  to  a  tremendous                 
  increase in the number of  checks, electronic transfers have                 
  become the way of doing business without any modification of                 
  the law.  He suggested, in the personal property leasing, to                 
  read  a few  car ads  to get  an  idea of  personal property                 
  leasing on the car business.  He said those two areas of the                 
  legislation were catching up  with the times and need  to be                 
  adopted.                                                                     
                                                                               
  Number 565                                                                   
                                                                               
                                                                               
  In response to  SENATOR RIEGER's question on  the attorney's                 
  fees, said the key word in the legislation was "reasonable,"                 
  and he claimed a typical Alaskan judge is quick to crawl all                 
  over  an  attorney who  tries  to continue  litigation where                 
  there is no reason.  They continued a discussion of attorney                 
  fees.                                                                        
                                                                               
  SENATOR KELLY checked with MR. KIRKPATRICK, MR. CRANDALL,                    
                                                                               
  TAPE 93-16, SIDE B                                                           
  Number 001                                                                   
                                                                               
  and GARY AMANDOLA for their opinions on the bill.                            
                                                                               
  There  being  no   further  business  to  come   before  the                 
  committee, the meeting was adjourned at 3:30 p.m.                            

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