Legislature(2003 - 2004)

04/27/2004 01:32 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                          
                         April 27, 2004                                                                                         
                           1:32 p.m.                                                                                            
TAPE(S) 04-35, 36                                                                                                             
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Con Bunde, Chair                                                                                                        
Senator Ralph Seekins, Vice Chair                                                                                               
Senator Gary Stevens                                                                                                            
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Bettye Davis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 377                                                                                                             
"An Act  relating to the  state's mechanical code,  to mechanical                                                               
contractors   and   mechanical  administrators,   to   mechanical                                                               
standards and inspections involved  in certain housing loans, and                                                               
to the  adoption of  the state's  mechanical code;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     MOVED SB 377 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 369                                                                                                             
"An  Act  exempting  a  person   who  allows  a  student  of  the                                                               
University of Alaska  to gain practical work  experience with the                                                               
person  while   participating  in  a  practicum   from  vicarious                                                               
liability   as   an   employer,   and   exempting   the   student                                                               
participating in a  practicum from the Alaska Wage  and Hour Act;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     MOVED CSSB 369(L&C) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 254                                                                                                             
"An Act relating  to the levy and collection of  an assessment on                                                               
certain   tourism-related   and  recreation-related   goods   and                                                               
services,  and repealing  the  levy of  excise  taxes of  certain                                                               
passenger  and   recreation  vehicles;   and  providing   for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     MOVED CSSB 254(L&C) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 29(JUD) am                                                                         
"An  Act  relating  to  real estate  licensees  and  real  estate                                                               
transactions; and providing for an effective date."                                                                             
                                                                                                                                
     MOVED SCS CSSSHB 29(L&C) OUT OF COMMITTEE                                                                                  
                                                                                                                                
HOUSE BILL NO. 305                                                                                                              
"An Act relating  to the calculation and  payment of unemployment                                                               
compensation benefits; and providing for an effective date."                                                                    
                                                                                                                                
     MOVED SCS HB 305(L&C) OUT OF COMMITTEE                                                                                     
                                                                                                                                
CS FOR HOUSE BILL NO. 339(JUD)                                                                                                  
"An Act  relating to opt-out  marketing plans for sales,  to free                                                               
trial  periods  for goods  or  services,  and  to acts  that  are                                                               
unlawful as unfair trade practices."                                                                                            
                                                                                                                                
     MOVED CSHB 339(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 549(JUD) am                                                                                               
"An  Act  relating  to unsolicited  communications  following  an                                                               
aircraft accident."                                                                                                             
                                                                                                                                
     MOVED SCS CSHB 549(L&C) OUT OF COMMITTEE                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 419(RES)                                                                                                  
"An  Act relating  to regional  seafood development  associations                                                               
and to regional seafood development taxes."                                                                                     
                                                                                                                                
     MOVED CSHB 419(RES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
HOUSE BILL NO. 464                                                                                                              
"An Act extending the termination  date of the Board of Certified                                                               
Real Estate Appraisers."                                                                                                        
                                                                                                                                
     MOVED HB 464 OUT OF COMMITTEE                                                                                              
                                                                                                                                
CS FOR HOUSE BILL NO. 351(JUD)                                                                                                  
"An  Act  relating  to the  devices,  including  carbon  monoxide                                                               
detection devices,  required in  dwellings; and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     MOVED CSHB 351(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 540(L&C)                                                                                                  
"An Act  relating to workers'  compensation insurance  rates; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     PENDING REFERRAL                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                       
                                                                                                                                
BILL: SB 377                                                                                                                  
SHORT TITLE: STATE MECHANICAL CODE                                                                                              
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
03/26/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/26/04       (S)       L&C, FIN                                                                                               
04/01/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/01/04       (S)       Heard & Held                                                                                           
04/01/04       (S)       MINUTE(L&C)                                                                                            
04/15/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/15/04       (S)       Heard & Held                                                                                           
04/15/04       (S)       MINUTE(L&C)                                                                                            
04/27/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: SB 369                                                                                                                  
SHORT TITLE: UNIV. STUDENT PRACTICUM LIABILITY/WAGES                                                                            
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
03/19/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/19/04       (S)       L&C, JUD                                                                                               
04/20/04       (S)       L&C AT 2:00 PM BELTZ 211                                                                               
04/20/04       (S)       Scheduled But Not Heard                                                                                
04/22/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/27/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: SB 254                                                                                                                  
SHORT TITLE: TOURISM MARKETING CONTRACTS                                                                                        
SPONSOR(s): SENATOR(s) THERRIAULT                                                                                               
                                                                                                                                
01/12/04       (S)       PREFILE RELEASED 1/9/04                                                                                
01/12/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/12/04       (S)       L&C, FIN                                                                                               
02/12/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/12/04       (S)       Heard & Held                                                                                           
02/12/04       (S)       MINUTE(L&C)                                                                                            
03/16/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/16/04       (S)       -- Rescheduled to 03/18/04 --                                                                          
03/18/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/18/04       (S)       -- Rescheduled from 03/16/04 --                                                                        
04/27/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB  29                                                                                                                  
SHORT TITLE: REAL PROPERTY TRANSACTIONS/LICENSEES                                                                               
SPONSOR(s): REPRESENTATIVE(s) ROKEBERG                                                                                          
                                                                                                                                
01/21/03       (H)       PREFILE RELEASED (1/10/03)                                                                             
01/21/03       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/21/03       (H)       L&C, JUD                                                                                               
01/20/04       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
01/20/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/20/04       (H)       L&C, JUD                                                                                               
02/04/04       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
02/04/04       (H)       Moved CSSSHB 29(L&C) Out of Committee                                                                  
02/04/04       (H)       MINUTE(L&C)                                                                                            
02/05/04       (H)       L&C RPT CS(L&C) 6DP 1NR                                                                                
02/05/04       (H)       DP: CRAWFORD, LYNN, GATTO, ROKEBERG,                                                                   
02/05/04       (H)       DAHLSTROM, ANDERSON; NR: GUTTENBERG                                                                    
02/18/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/18/04       (H)       Heard & Held                                                                                           
02/18/04       (H)       MINUTE(JUD)                                                                                            
02/20/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/20/04       (H)       Moved CSSSHB 29(JUD) Out of Committee                                                                  
02/20/04       (H)       MINUTE(JUD)                                                                                            
02/26/04       (H)       JUD RPT CS(JUD) 4DP 2NR                                                                                
02/26/04       (H)       DP: SAMUELS, ANDERSON, OGG, MCGUIRE;                                                                   
02/26/04       (H)       NR: GARA, GRUENBERG                                                                                    
03/04/04       (H)       TRANSMITTED TO (S)                                                                                     
03/04/04       (H)       VERSION: CSSSHB 29(JUD) AM                                                                             
03/05/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/05/04       (S)       L&C, JUD                                                                                               
04/15/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/15/04       (S)       Heard & Held                                                                                           
04/15/04       (S)       MINUTE(L&C)                                                                                            
04/22/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/22/04       (S)       UNIV. STUDENT PRACTICUM LIABILITY/WAGES                                                                
04/23/04       (S)       JUD AT 8:00 AM BUTROVICH 205                                                                           
04/23/04       (S)       <Pending Referral>                                                                                     
04/27/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 305                                                                                                                  
SHORT TITLE: UNEMPLOYMENT COMPENSATION BENEFITS                                                                                 
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
05/07/03       (H)       READ THE FIRST TIME - REFERRALS                                                                        
05/07/03       (H)       L&C, FIN                                                                                               
05/09/03       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
05/09/03       (H)       Moved Out of Committee                                                                                 
05/09/03       (H)       MINUTE(L&C)                                                                                            
05/10/03       (H)       L&C RPT 4DP 2NR                                                                                        
05/10/03       (H)       DP: CRAWFORD, GUTTENBERG, DAHLSTROM,                                                                   
05/10/03       (H)       ANDERSON; NR: LYNN, ROKEBERG                                                                           
05/15/03       (H)       FIN RPT 6DP 3NR                                                                                        
05/15/03       (H)       DP: KERTTULA, BERKOWITZ, FOSTER,                                                                       
05/15/03       (H)       MEYER, HARRIS, WILLIAMS; NR: HAWKER,                                                                   
05/15/03       (H)       STOLTZE, MOSES                                                                                         
05/15/03       (H)       FIN AT 8:30 AM HOUSE FINANCE 519                                                                       
05/15/03       (H)       Moved Out of Committee                                                                                 
05/15/03       (H)       MINUTE(FIN)                                                                                            
05/16/03       (H)       TRANSMITTED TO (S)                                                                                     
05/16/03       (H)       VERSION: HB 305                                                                                        
05/17/03       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/17/03       (S)       L&C, FIN                                                                                               
05/19/03       (S)       L&C AT 8:00 AM BELTZ 211                                                                               
05/19/03       (S)       Heard & Held                                                                                           
05/19/03       (S)       MINUTE(L&C)                                                                                            
02/03/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/03/04       (S)       Heard & Held                                                                                           
02/03/04       (S)       MINUTE(L&C)                                                                                            
04/01/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/01/04       (S)       Heard & Held                                                                                           
04/01/04       (S)       MINUTE(L&C)                                                                                            
04/27/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 339                                                                                                                  
SHORT TITLE: TRADE PRACTICES: FREE TRIAL/OPT-OUT PLANS                                                                          
SPONSOR(s): REPRESENTATIVE(s) MEYER                                                                                             
                                                                                                                                
01/12/04       (H)       PREFILE RELEASED (1/2/04)                                                                              
01/12/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/12/04       (H)       L&C, JUD                                                                                               
02/02/04       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
02/02/04       (H)       Moved CSHB 339(L&C) Out of Committee                                                                   
02/02/04       (H)       MINUTE(L&C)                                                                                            
02/05/04       (H)       L&C RPT CS(L&C) NT 4DP 2NR 1AM                                                                         
02/05/04       (H)       DP: CRAWFORD, LYNN, DAHLSTROM,                                                                         
02/05/04       (H)       ANDERSON; NR: GATTO, ROKEBERG;                                                                         
02/05/04       (H)       AM: GUTTENBERG                                                                                         
03/05/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/05/04       (H)       -- Meeting Postponed to 3/16/04 --                                                                     
03/16/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/16/04       (H)       Heard & Held                                                                                           
03/16/04       (H)       MINUTE(JUD)                                                                                            
03/29/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/29/04       (H)       Bill Postponed To 3/30/04                                                                              
03/30/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/30/04       (H)       Scheduled But Not Heard                                                                                
03/31/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/31/04       (H)       Moved CSHB 339(JUD) Out of Committee                                                                   
03/31/04       (H)       MINUTE(JUD)                                                                                            
04/01/04       (H)       JUD RPT CS(JUD) NT 5DP                                                                                 
04/01/04       (H)       DP: HOLM, GARA, GRUENBERG, OGG, MCGUIRE                                                                
04/07/04       (H)       TRANSMITTED TO (S)                                                                                     
04/07/04       (H)       VERSION: CSHB 339(JUD)                                                                                 
04/08/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/08/04       (S)       L&C, JUD                                                                                               
04/22/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/22/04       (S)       EXTEND BOARD OF REAL ESTATE APPRAISERS                                                                 
04/27/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 549                                                                                                                  
SHORT TITLE: UNSOLICITED COMMUNICATION:AIRCRAFT CRASH                                                                           
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
03/29/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/04       (H)       JUD                                                                                                    
04/05/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/05/04       (H)       -- Meeting Postponed to Tues. 4/6/04 --                                                                
04/06/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/06/04       (H)       Moved CSHB 549(JUD) Out of Committee                                                                   
04/06/04       (H)       MINUTE(JUD)                                                                                            
04/07/04       (H)       JUD RPT CS(JUD) NT 4DP 1NR 1AM                                                                         
04/07/04       (H)       DP: SAMUELS, HOLM, ANDERSON, MCGUIRE;                                                                  
04/07/04       (H)       NR: GARA; AM: OGG                                                                                      
04/21/04       (H)       TRANSMITTED TO (S)                                                                                     
04/21/04       (H)       VERSION: CSHB 549(JUD) AM                                                                              
04/22/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/22/04       (S)       L&C, JUD                                                                                               
04/27/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 419                                                                                                                  
SHORT TITLE: REGIONAL SEAFOOD DEVELOPMENT ASS'NS./TAX                                                                           
SPONSOR(s): REPRESENTATIVE(s) OGG BY REQUEST OF SALMON INDUSTRY                                                                 
TASK FORCE                                                                                                                      
                                                                                                                                
02/02/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/02/04       (H)       EDT, RES, FIN                                                                                          
02/10/04       (H)       EDT AT 10:00 AM CAPITOL 120                                                                            
02/10/04       (H)       Heard & Held                                                                                           
02/10/04       (H)       MINUTE(EDT)                                                                                            
02/24/04       (H)       EDT AT 5:15 PM CAPITOL 120                                                                             
02/24/04       (H)       Moved CSHB 419(EDT) Out of Committee                                                                   
02/24/04       (H)       MINUTE(EDT)                                                                                            
02/26/04       (H)       EDT RPT CS(EDT) 2DP 2NR 1AM                                                                            
02/26/04       (H)       DP: CRAWFORD, HEINZE; NR: DAHLSTROM,                                                                   
02/26/04       (H)       CISSNA; AM: KOHRING                                                                                    
03/05/04       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
03/05/04       (H)       Moved CSHB 419(RES) Out of Committee                                                                   
03/05/04       (H)       MINUTE(RES)                                                                                            
03/12/04       (H)       RES RPT CS(RES) 5DP 2NR                                                                                
03/12/04       (H)       DP: LYNN, GATTO, STEPOVICH, WOLF,                                                                      
03/12/04       (H)       HEINZE; NR: GUTTENBERG, MASEK                                                                          
03/23/04       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/23/04       (H)       Moved CSHB 419(RES) Out of Committee                                                                   
03/23/04       (H)       MINUTE(FIN)                                                                                            
03/24/04       (H)       FIN RPT CS(RES) 9DP 1AM                                                                                
03/24/04       (H)       DP: MEYER, HAWKER, JOULE, CROFT, MOSES,                                                                
03/24/04       (H)       FATE, FOSTER, HARRIS, WILLIAMS;                                                                        
03/24/04       (H)       AM: STOLTZE                                                                                            
03/31/04       (H)       TRANSMITTED TO (S)                                                                                     
03/31/04       (H)       VERSION: CSHB 419(RES)                                                                                 
04/01/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/01/04       (S)       L&C, FIN                                                                                               
04/22/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/22/04       (S)       WORKERS' COMPENSATION INSURANCE RATES                                                                  
04/27/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 464                                                                                                                  
SHORT TITLE: EXTEND BOARD OF REAL ESTATE APPRAISERS                                                                             
SPONSOR(s): RULES BY REQUEST OF LEG BUDGET & AUDIT                                                                              
                                                                                                                                
02/16/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/16/04       (H)       L&C                                                                                                    
03/03/04       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
03/03/04       (H)       Heard & Held                                                                                           
03/03/04       (H)       MINUTE(L&C)                                                                                            
03/05/04       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
03/05/04       (H)       -- Meeting Canceled --                                                                                 
03/15/04       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
03/15/04       (H)       Moved Out of Committee                                                                                 
03/15/04       (H)       MINUTE(L&C)                                                                                            
03/16/04       (H)       L&C RPT 3DP 2NR                                                                                        
03/16/04       (H)       DP: GATTO, ROKEBERG, ANDERSON;                                                                         
03/16/04       (H)       NR: DAHLSTROM, GUTTENBERG                                                                              
03/16/04       (H)       FIN REFERRAL ADDED AFTER L&C                                                                           
03/24/04       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/24/04       (H)       Heard & Held                                                                                           
03/24/04       (H)       MINUTE(FIN)                                                                                            
03/31/04       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/31/04       (H)       Moved Out of Committee                                                                                 
03/31/04       (H)       MINUTE(FIN)                                                                                            
04/01/04       (H)       FIN RPT 10DP                                                                                           
04/01/04       (H)       DP: MEYER, HAWKER, STOLTZE, JOULE,                                                                     
04/01/04       (H)       CROFT, CHENAULT, FATE, FOSTER, HARRIS,                                                                 
04/01/04       (H)       WILLIAMS                                                                                               
04/13/04       (H)       TRANSMITTED TO (S)                                                                                     
04/13/04       (H)       VERSION: HB 464                                                                                        
04/14/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/14/04       (S)       L&C, FIN                                                                                               
04/22/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/22/04       (S)       REGIONAL       SEAFOOD       DEVELOPMENT                                                               
                         ASS'NS./TAX                                                                                            
04/27/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 351                                                                                                                  
SHORT TITLE: CARBON MONOXIDE DETECTION DEVICES                                                                                  
SPONSOR(s): REPRESENTATIVE(s) GATTO, GRUENBERG                                                                                  
                                                                                                                                
01/12/04       (H)       PREFILE RELEASED (1/2/04)                                                                              
01/12/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/12/04       (H)       L&C, STA                                                                                               
01/21/04       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
01/21/04       (H)       Heard & Held                                                                                           
01/21/04       (H)       MINUTE(L&C)                                                                                            
01/23/04       (H)       L&C AT 3:15 PM CAPITOL 17                                                                              
01/23/04       (H)       Moved CSHB 351(L&C) Out of Committee                                                                   
01/23/04       (H)       MINUTE(L&C)                                                                                            
01/26/04       (H)       L&C RPT CS(L&C) 5DP                                                                                    
01/26/04       (H)       DP: CRAWFORD, LYNN, GATTO, GUTTENBERG,                                                                 
01/26/04       (H)       ANDERSON                                                                                               
02/19/04       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
02/19/04       (H)       Scheduled But Not Heard                                                                                
02/26/04       (H)       STA AT 8:00 AM CAPITOL 102                                                                             
02/26/04       (H)       Moved CSHB 351(STA) Out of Committee                                                                   
02/26/04       (H)       MINUTE(STA)                                                                                            
03/01/04       (H)       STA RPT CS(STA) 3DP 1DNP 3NR                                                                           
03/01/04       (H)       DP: GRUENBERG, SEATON, LYNN;                                                                           
03/01/04       (H)       DNP: COGHILL; NR: HOLM, BERKOWITZ,                                                                     
03/01/04       (H)       WEYHRAUCH                                                                                              
03/01/04       (H)       JUD REFERRAL ADDED AFTER STA                                                                           
03/19/04       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/19/04       (H)       Moved CSHB 351(JUD) Out of Committee                                                                   
03/19/04       (H)       MINUTE(JUD)                                                                                            
03/22/04       (H)       JUD RPT CS(JUD) 4DP                                                                                    
03/22/04       (H)       DP: GARA, SAMUELS, GRUENBERG, MCGUIRE                                                                  
03/31/04       (H)       TRANSMITTED TO (S)                                                                                     
03/31/04       (H)       VERSION: CSHB 351(JUD)                                                                                 
04/01/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/01/04       (S)       L&C, STA                                                                                               
04/22/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
04/22/04       (S)       TRADE PRACTICES: FREE TRIAL/OPT-OUT                                                                    
                         PLANS                                                                                                  
04/27/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Mr. Pete Kelly                                                                                                                  
University of Alaska                                                                                                            
Fairbanks AK                                                                                                                    
POSITION STATEMENT: Supports SB 369.                                                                                            
                                                                                                                                
Representative Norm Rokeberg                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HB 29.                                                                                           
                                                                                                                                
Ms. Peggy Ann McConnochie                                                                                                       
Alaska Association of Realtors                                                                                                  
Juneau AK                                                                                                                       
POSITION STATEMENT: Supports HB 29.                                                                                             
                                                                                                                                
Commissioner Greg O'Claray                                                                                                      
Department of Labor & Workforce                                                                                                 
  Development                                                                                                                   
PO Box 21149                                                                                                                    
Juneau, AK 99802-1149                                                                                                           
POSITION STATEMENT: Supports HB 305.                                                                                            
                                                                                                                                
Mr. Bill Kramer, Chief                                                                                                          
Unemployment Insurance                                                                                                          
Division of Employment Security                                                                                                 
Department of Labor & Workforce                                                                                                 
  Development                                                                                                                   
PO Box 21149                                                                                                                    
Juneau, AK 99802-1149                                                                                                           
POSITION STATEMENT: Supports HB 305.                                                                                            
                                                                                                                                
Representative Kevin Meyer                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HB 339.                                                                                          
                                                                                                                                
Ms. Cynthia Drinkwater                                                                                                          
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT: Supports HB 339.                                                                                            
                                                                                                                                
Ms. Virginia Torness                                                                                                            
Alaska Public Interest Research Group (AKPIRG)                                                                                  
PO Box 101093                                                                                                                   
Anchorage AK 99510                                                                                                              
POSITION STATEMENT: Supports HB 339.                                                                                            
                                                                                                                                
Ms. Vanessa Tondini                                                                                                             
Staff to Representative Lesil McGuire                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on HB 549 for sponsor.                                                                            
                                                                                                                                
Mr. Bruce McGlasson, President                                                                                                  
Grant Aviation                                                                                                                  
Alaska                                                                                                                          
POSITION STATEMENT: Supports HB 549.                                                                                            
                                                                                                                                
Mr. Robert Jacobson, President                                                                                                  
Wings of Alaska                                                                                                                 
Juneau AK                                                                                                                       
POSITION STATEMENT: Supports HB 549.                                                                                            
                                                                                                                                
Representative Dan Ogg                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HB 419.                                                                                          
                                                                                                                                
Mr. Jerry McKune                                                                                                                
United Fishermen of Alaska                                                                                                      
211 4th Street, Suite 110                                                                                                       
Juneau, Alaska  99801-1172                                                                                                      
POSITION STATEMENT: Supports HB 419.                                                                                            
                                                                                                                                
Mr. Henry Webb                                                                                                                  
Staff to Representative Ralph Samuels                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on HB 464 for sponsor.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 04-35, SIDE A                                                                                                              
                                                                                                                                
                  SB 377-STATE MECHANICAL CODE                                                                                
                                                                                                                                
CHAIR CON  BUNDE called  the Senate  Labor and  Commerce Standing                                                               
Committee meeting  to order  at 1:32  p.m. Present  were Senators                                                               
Gary Stevens, Hollis  French, Ralph Seekins and  Chair Con Bunde.                                                               
Senator Bettye Davis was excused.  The first order of business to                                                               
come before the committee was SB 377.                                                                                           
                                                                                                                                
SENATOR RALPH  SEEKINS moved to  pass SB 377 from  committee with                                                               
individual  recommendations and  attached  fiscal note.  Senators                                                               
Gary Stevens,  Hollis French and  Ralph Seekins voted  yea; Chair                                                               
Con Bunde voted nay; and SB 377 moved from committee.                                                                           
                                                                                                                                
         SB 369-UNIV. STUDENT PRACTICUM LIABILITY/WAGES                                                                       
                                                                                                                                
CHAIR CON BUNDE announced SB 369 to be up for consideration.                                                                    
                                                                                                                                
SENATOR  RALPH SEEKINS,  sponsor,  explained that  SB 369  amends                                                               
current  law  by  exempting the  University  of  Alaska  students                                                               
participating  in practicum  programs  from state  wage and  hour                                                               
provisions.  It also  provides  certain  protections relating  to                                                               
vicarious liability.  The intent is to  revitalize private sector                                                               
involvement in this key element of the educational process.                                                                     
                                                                                                                                
     The University  offers certain  fields of  study, which                                                                    
     require students to  achieve experience and proficiency                                                                    
     in  a  real  world  setting  before  a  degree  can  be                                                                    
     conferred.  By  and   large,  these  involve  medically                                                                    
     oriented endeavors such as  the dental profession. Over                                                                    
     the years  it's become  increasingly difficult  for the                                                                    
     University to entice private  sector placement sites to                                                                    
     become involved in an  internship program. A legitimate                                                                    
     concern expressed  by placements  sites is  that absent                                                                    
     statutory  clarification, practicum  students could  be                                                                    
     considered as employees with  respects to certain labor                                                                    
     laws.                                                                                                                      
                                                                                                                                
     But  of   particular  distress   is  the   exposure  to                                                                    
     vicarious   liability.  High   costs  associated   with                                                                    
     potential  liability   have  effectively   chilled  the                                                                    
     private sector's  willingness to  be involved  in vital                                                                    
     practicum  programs. SB  369 proposes  a statutory  fix                                                                    
     designed  to  protect  practicum  sites  interested  in                                                                    
     offering  their facilities  to university  interns. The                                                                    
     threshold  requirement   that  students  not   be  paid                                                                    
     insures  that sites  will not  use practicum  placement                                                                    
     immunity to  take advantage of  employees who  are also                                                                    
     students. From  a liability perspective,  this proposal                                                                    
     is designed to leave each  entity - the university, the                                                                    
     student  and  the  site  -   responsible  for  its  own                                                                    
     liability.                                                                                                                 
                                                                                                                                
MR. PETE KELLY, University of  Alaska, supported Senator Seekins'                                                               
comments. He added that five  years ago, the legislature gave the                                                               
university  money over  and above  its operating  needs and  with                                                               
that money it  designed some hands-on training  programs. Most of                                                               
those require  a certain amount of  unpaid work - a  practicum or                                                               
internship. These  are becoming the most  popular programs within                                                               
the University. As that is  growing, the community is stepping up                                                               
to provide those hours, but liability is a concern.                                                                             
                                                                                                                                
SENATOR  GARY  STEVENS asked  how  many  students he  is  talking                                                               
about.                                                                                                                          
                                                                                                                                
MR. KELLY didn't have an exact number.                                                                                          
                                                                                                                                
SENATOR HOLLIS  FRENCH said that a  memo in the bill  folder said                                                               
the  legislature should  exclude practicum  placements, but  it's                                                               
not signed  or attributed  to any person  and asked  who prepared                                                               
it.                                                                                                                             
                                                                                                                                
MR.  KELLY  replied   that  was  an  analysis   prepared  by  the                                                               
University's general counsel and  includes references to workers'                                                               
compensation, which is not in the bill.                                                                                         
                                                                                                                                
SENATOR SEEKINS moved  to pass CSSB 369(L&C)  from committee with                                                               
attached fiscal note and individual recommendations.                                                                            
                                                                                                                                
SENATOR HOLLIS FRENCH objected saying:                                                                                          
                                                                                                                                
     If you're  working with  the direction  and supervision                                                                    
     of that professor, it stands  to reason that the things                                                                    
     you're going to  do are going to be  things you've been                                                                    
     instructed  to  do.  So, if  you're  instructed  to  do                                                                    
     something  dumb or  foolish  or  negligent and  someone                                                                    
     gets  hurt badly,  because of  that bad  instruction or                                                                    
     your bad  interpretation of that instruction,  it seems                                                                    
     to me  that people shouldn't  have to absorb  that loss                                                                    
     on  to themselves....  It's not  that citizen's  fault;                                                                    
     it's the professor's or the practicum student's....                                                                        
                                                                                                                                
SENATOR GARY STEVENS  asked to speak with  the general university                                                               
counsel. From  a liability perspective  the proposal  is designed                                                               
to  leave  each  student  on  a  site  responsible  for  his  own                                                               
liability.  "So, liability  isn't being  avoided or  ignored. The                                                               
University  would still  be liable  for any  incident that  could                                                               
occur. Wouldn't that be true?"                                                                                                  
                                                                                                                                
MR. KELLY replied that is correct.                                                                                              
                                                                                                                                
SENATOR GARY  STEVENS hypothesized if the  dental instructor told                                                               
a student to pull a certain  tooth and the student does, but it's                                                               
the wrong tooth, the University would be liable.                                                                                
                                                                                                                                
MR. KELLY replied that the dentist  would be liable. If a student                                                               
is hurt, he can appeal to  the Workers' Compensation Board. If it                                                               
decides  against him,  the student  could  sue. "Liability  isn't                                                               
automatically  assigned  to the  practicum  provider  site as  it                                                               
would be in an employer employee relationship."                                                                                 
                                                                                                                                
CHAIR  BUNDE  said  he  would  like to  see  these  legal  issues                                                               
addressed in the Judiciary Committee.                                                                                           
                                                                                                                                
SENATOR  SEEKINS,  Chair  of   the  Senate  Judiciary  Committee,                                                               
assured him that would be the case.                                                                                             
                                                                                                                                
CHAIR BUNDE  called for  the roll.  Senators Ralph  Seekins, Gary                                                               
Stevens  and Chair  Con  Bunde vote  yea;  Senator Hollis  French                                                               
voted nay; and CSSB 369(L&C) moved from committee.                                                                              
                                                                                                                                
               SB 254-TOURISM MARKETING CONTRACTS                                                                             
                                                                                                                                
CHAIR CON BUNDE announced SB 254 to be up for consideration.                                                                    
                                                                                                                                
SENATOR RALPH SEEKINS  moved to adopt CSSB  254(L&C), version \X.                                                               
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
CHAIR BUNDE  said that  the committee had  heard the  bill before                                                               
and it  appears to  have some constitutional  issues and  said he                                                               
would suggest a Judiciary referral to the Senate President.                                                                     
                                                                                                                                
SENATOR SEEKINS moved  to pass CSSB 254(L&C)  from committee with                                                               
individual recommendations.                                                                                                     
                                                                                                                                
SENATOR HOLLIS FRENCH objected.                                                                                                 
                                                                                                                                
CHAIR BUNDE called for the roll. Senators Ralph Seekins, Gary                                                                   
Stevens and Chair Con Bunde voted yea; Senator Hollis French                                                                    
voted nay; and CSSB 254(L&C) moved from committee.                                                                              
                                                                                                                                
     CSSSHB 29(L&C) - REAL PROPERTY TRANSACTIONS/LICENSEES                                                                    
                                                                                                                                
CHAIR CON BUNDE announced SCS SSCSHB 29(L&C) to be up for                                                                       
consideration. He noted that Amendment 1 (that was held over                                                                    
from a discussion on April 15) was up for consideration again.                                                                  
                                                                                                                                
                                                   23-LS0189\BA.4                                                               
                                                        Bannister                                                               
                                                                                                                                
                      A M E N D M E N T  1                                                                                    
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  CSSSHB 29(JUD) am                                                                                                     
     Page 5, line 11:                                                                                                           
     Delete all material.                                                                                                       
     Insert "to imply a duty to                                                                                                 
               (1)  investigate                                                                                                 
                    (A)  a matter that the licensee has not                                                                     
          agreed to investigate; or                                                                                             
                    (B)  a matter that is not known by the                                                                      
          seller, prospective buyer, lessor, prospective lessee,                                                                
          or licensee; or                                                                                                       
               (2)  disclose, unless otherwise provided by law,                                                                 
     events that have occurred on the real estate that might                                                                    
     affect whether a person wants to buy or lease the real                                                                     
     estate."                                                                                                                   
                                                                                                                                
REPRESENTATIVE NORM ROKEBERG explained Amendment 1.                                                                             
                                                                                                                                
                                                                                                                                
     Amendment 1  amends the  language on  page 5,  line 11,                                                                    
     clarifying the duties of a  licensee as to whether they                                                                    
     have  a duty  to investigate.  The amendment  indicates                                                                    
     that  there's no  implied duty  to investigate  matters                                                                    
     that  the licensee  has not  agreed  to investigate  or                                                                    
     matters  not  known  by  the  licensee  or  the  buyer,                                                                    
     etc.....                                                                                                                   
                                                                                                                                
     The  subsection  (2)  provisions within  the  amendment                                                                    
     indicate  that  there's  no duty  to  disclose,  unless                                                                    
     otherwise  provided by  law, events  such  as [in  the]                                                                    
     disclosure  form, which  every seller  of real  estate,                                                                    
     whether they are represented by  a licensee or not, has                                                                    
     to make....                                                                                                                
                                                                                                                                
REPRESENTATIVE  ROKEBERG  said  this concerns  the  psychological                                                               
impairment section and can include  such things as illnesses like                                                               
AIDS or HIV, which is proscribed by federal law.                                                                                
                                                                                                                                
CHAIR BUNDE asked if a methamphetamine lab has to be disclosed.                                                                 
                                                                                                                                
REPRESENTATIVE  ROKEBERG  answered  that   it  does  have  to  be                                                               
disclosed.                                                                                                                      
                                                                                                                                
CHAIR BUNDE  said the duty  to disclose as otherwise  provided by                                                               
law applies to physical problems  or limitations to the property.                                                               
He asked if Amendment 1 addresses psychological issues.                                                                         
                                                                                                                                
REPRESENTATIVE  ROKEBERG  replied  yes.  In  the  instance  of  a                                                               
haunted house,  one would have the  duty to disclose that  if one                                                               
knows about it, but one wouldn't  have a duty to investigate that                                                               
issue in order to disclose it.                                                                                                  
                                                                                                                                
MS.  PEGGY  ANN  MCCONNOCHIE,  Alaska  Association  of  Realtors,                                                               
commented:                                                                                                                      
                                                                                                                                
     For the question  of if there's a ghost in  the house -                                                                    
     how do you investigate whether  or not there is a ghost                                                                    
     or  not?....  There were  suspicions  told  to me  that                                                                    
     there was  a ghost in  the house and  I felt it  was my                                                                    
     duty to disclose. Whether or  not you believe in ghosts                                                                    
     is not material. If you don't  know that, how do you go                                                                    
     out  and  investigate whether  there  is  or is  not  a                                                                    
     ghost?                                                                                                                     
                                                                                                                                
CHAIR  BUNDE asked  a more  practical question  - when  there has                                                               
been  a  suicide  in  the  house and  you're  aware  of  it,  you                                                               
disclose, but  you don't have  a duty to research  whether anyone                                                               
had taken his life in that home - unless it's common knowledge.                                                                 
                                                                                                                                
MS. MCCONNOCHIE agreed  with that. The issue is how  one would go                                                               
about an investigation  like that. Right now  Realtors don't know                                                               
what to do, but want to deal with it in this amendment.                                                                         
                                                                                                                                
SENATOR  HOLLIS  FRENCH asked  where  exactly  in the  disclosure                                                               
document a  realtor tells  a perspective buyer  that there  was a                                                               
double homicide in the house.                                                                                                   
                                                                                                                                
MS. MCCONNOCHIE  said there is  no specific question on  the form                                                               
that asks  that, because  there is  no statutory  requirement for                                                               
it. If this bill passes, Realtors would use an amended form.                                                                    
                                                                                                                                
SENATOR FRENCH said he understands  the amendment would foreclose                                                               
that disclosure.                                                                                                                
                                                                                                                                
REPRESENTATIVE ROKEBERG said this  bill doesn't affect the nature                                                               
of  the disclosure  statement, which  applies to  all sellers  of                                                               
real estate, whether  they are represented by a  licensee or not.                                                               
HB 29  only regulates  the activities of  licensees. He  does not                                                               
want  to  create  a  legal  duty  to  disclose  a  homicide,  for                                                               
instance. The reason  he is addressing the issue  is because case                                                               
law in the  State of Alaska hasn't addressed it  yet and, "It's a                                                               
field day for lawyers."                                                                                                         
                                                                                                                                
SENATOR  FRENCH  agreed  with  Representative  Rokeberg  and  Ms.                                                               
McConnochie that someone shouldn't have  to hunt down the history                                                               
of a property, but if a  double homicide was committed there last                                                               
week and  someone just came  to town  and didn't know  about, "If                                                               
everyone in  town knows about  it except  for this poor  buyer, I                                                               
think someone  should tell  the buyer." He  was trying  to figure                                                               
out where that is addressed.                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROKEBERG responded  that it  isn't written  down.                                                               
Disclosure is an implied duty, but  he didn't want to put that in                                                               
statute.                                                                                                                        
                                                                                                                                
SENATOR FRENCH  asked what happens if  a person buys a  place and                                                               
then finds  out there  was a  double homicide  in it  and doesn't                                                               
want to  live there anymore.  "Can they  go after the  seller and                                                               
say, 'Hey, you should have told me?' I think this bill says no."                                                                
                                                                                                                                
MS.  MCCONNOCHIE responded  that  is a  material  fact about  the                                                               
house that the seller has  to disclose. The question becomes does                                                               
a double homicide three houses away need to be disclosed, also.                                                                 
                                                                                                                                
     That's what  we need direction  on. How far away  is no                                                                    
     longer  reasonable....  Keep  in  mind  that  it  is  a                                                                    
     material fact in  some cultures that they  cannot buy a                                                                    
     home in which a murder  has occurred. That's a material                                                                    
     fact of that culture, but not to everyone.                                                                                 
                                                                                                                                
SENATOR FRENCH said  he would support "near, but not  on the real                                                               
estate".                                                                                                                        
                                                                                                                                
MS. MCCONNOCHIE said the Real  Estate Commission needs to be able                                                               
to  write the  regulations  to support  the  statement. She  said                                                               
Realtors in Anchorage and Juneau view disclosures differently.                                                                  
                                                                                                                                
SENATOR  SEEKINS  said,  "What  is not  required  should  not  be                                                               
implied. I think this is saying  you can't imply some duty beyond                                                               
what we  have statutorily or  on a regulatory basis  required for                                                               
disclosure...."                                                                                                                 
                                                                                                                                
MS. MCCONNOCHIE chimed in, "Bingo!"                                                                                             
                                                                                                                                
SENATOR FRENCH said the law has very narrow requirements.                                                                       
                                                                                                                                
REPRESENTATIVE ROKEBERG agreed with Senator Seekins' statement.                                                                 
                                                                                                                                
CHAIR BUNDE asked  for a roll call vote on  Amendment 1. Senators                                                               
Gary  Stevens,  Ralph Seekins  and  Chair  Con Bunde  voted  yea;                                                               
Senator Hollis French voted nay; and Amendment 1 was adopted.                                                                   
                                                                                                                                
CHAIR BUNDE noted  that people with further  issues could discuss                                                               
the bill in its next committee of referral, Judiciary.                                                                          
                                                                                                                                
SENATOR  SEEKINS moved  SCS CSSSHB  29(L&C)  from committee  with                                                               
attached  fiscal  note.  Senators Hollis  French,  Gary  Stevens,                                                               
Ralph  Seekins and  Chair Con  Bunde  voted yea;  and SCS  CSSSHB                                                               
29(L&C) moved from committee.                                                                                                   
                                                                                                                                
          HB 305-UNEMPLOYMENT COMPENSATION BENEFITS                                                                           
                                                                                                                                
CHAIR  CON BUNDE  announced  HB  305, version  D,  to  be up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
COMMISSIONER GREG O'CLARAY, Department of  Law (DOL), said he had                                                               
new information regarding a 26-week waiting period.                                                                             
                                                                                                                                
MR.   BILL  KRAMER,   Chief,   Unemployment  Insurance   Program,                                                               
Department   of  Law   (DOL),  brought   a  possible   unintended                                                               
consequence to the committee's attention.                                                                                       
                                                                                                                                
     Last year,  13,780 people who filed  for benefits under                                                                    
     the  voluntary quit,  misconduct  work provisions  that                                                                    
     have   been  discussed   here  recently   -  if   these                                                                    
     individuals  were denied  26 weeks  instead of  six, as                                                                    
     has  been discussed,  there's  a  possibility that  the                                                                    
     number  of claims  that are  filed throughout  the year                                                                    
     could cause  us to  fall below  the level  required for                                                                    
     the federal extended benefits to  trigger on in Alaska.                                                                    
     Part of the  reason we trigger on  to extended benefits                                                                    
     each  year  in  Alaska  is   because  we  have  a  high                                                                    
     recipient rate....                                                                                                         
                                                                                                                                
The state has received it every year since 1971.                                                                                
                                                                                                                                
CHAIR BUNDE  asked if people  had to  wait 26 weeks,  would fewer                                                               
ask to get benefits or be discouraged from filing at all.                                                                       
                                                                                                                                
MR. KRAMER replied  that would be hard to predict.  The number of                                                               
weeks claimed is  part of the calculation  the federal government                                                               
uses  to trigger  benefits. If  the number  of claims  is reduced                                                               
because of the  extended denied period, it could  change the time                                                               
period for  which the  state gets extended  benefits or  the fact                                                               
that we  get it  at all.  During the  last nine  years of  1994 -                                                               
2002, an average of $7.3 million per year has been paid.                                                                        
                                                                                                                                
CHAIR  BUNDE asked  what the  other 47  states do  about extended                                                               
benefits.                                                                                                                       
                                                                                                                                
MR. KRAMER  replied that  it depends  on the  economic conditions                                                               
within  the  state. Alaska  triggers  on  every year  during  the                                                               
winter  through mid-summer.  Most  states do  not  trigger on  to                                                               
extended benefits  regularly. During the recent  recession only a                                                               
handful  of other  states triggered  on to  the regular  extended                                                               
benefits program.                                                                                                               
                                                                                                                                
CHAIR  BUNDE drew  attention  to the  chart  that the  department                                                               
provided the  committee on  unemployment benefits  that indicates                                                               
denials  are  fairly steady  across  the  past three  years.  The                                                               
number of people  who have applied for and  received benefits has                                                               
gone up fairly substantially.                                                                                                   
                                                                                                                                
SENATOR  SEEKINS  asked  what  the trigger  is  for  Alaskans  to                                                               
receive federal extended benefits.                                                                                              
                                                                                                                                
MR. KRAMER  replied that  there are  three different  formulas in                                                               
place and  federal law  allows states to  trigger on  through any                                                               
one of the three.  The most common one - and  the one that Alaska                                                               
triggers -  looks at  the insured  unemployment rate  (IUR). It's                                                               
calculated by dividing the average  number of weeks of UI claimed                                                               
for  the past  13-week  period.  That number  is  divided by  the                                                               
average  covered employment  for the  past four  quarters of  the                                                               
past year. Recent figures indicate  that 231,355 individuals were                                                               
in covered  employment in the  state and the 13-week  average was                                                               
17,797  weeks of  unemployment, an  insured unemployment  rate of                                                               
6.56. That  figure triggers the state  for a minimum of  13 weeks                                                               
extended benefits.                                                                                                              
                                                                                                                                
SENATOR  SEEKINS   asked  how   much  the   state  pays   out  in                                                               
unemployment insurance per year.                                                                                                
                                                                                                                                
MR. KRAMER  replied that it changes  year to year. In  2003, $174                                                               
million  was paid  out;  it  was a  high  year  and included  two                                                               
federal  extension   programs.  One  was  a   temporary  extended                                                               
unemployment  compensation,  which   was  100  percent  federally                                                               
funded,  and that  was simply  turned  on by  Congress without  a                                                               
trigger. At  the same  time, Alaska was  triggered on  to regular                                                               
extended benefits, which was federally funded also.                                                                             
                                                                                                                                
SENATOR SEEKINS asked how much federal money the state got.                                                                     
                                                                                                                                
MR. KRAMER replied  $10 million in regular  extended benefits and                                                               
$40 million for the temporary extension program.                                                                                
                                                                                                                                
CHAIR BUNDE asked what the state's portion of the total was.                                                                    
                                                                                                                                
MR. KRAMER guessed about $130 million.                                                                                          
                                                                                                                                
CHAIR BUNDE  speculated that the  state pays out $130  million in                                                               
order  to get  the  $40 million  in federal  funds.  He asked  if                                                               
something more than  six weeks, but less than  26 weeks, wouldn't                                                               
stop the trigger.                                                                                                               
                                                                                                                                
MR. KRAMER replied  the challenge is trying to  guess what people                                                               
will do under the rules.                                                                                                        
                                                                                                                                
     Would  some  people  now   stay  employed  because  the                                                                    
     penalty is  stiffer? Will some  people find  other ways                                                                    
     to  maintain their  wellbeing when  they are  unable to                                                                    
     get unemployment benefits? It's hard to predict....                                                                        
                                                                                                                                
He added that people who  are denied through the current six-week                                                               
provision are prevented from receiving  any extended benefits for                                                               
a benefit year.                                                                                                                 
                                                                                                                                
TAPE 04-35, SIDE B                                                                                                              
                                                                                                                                
2:20 p.m.                                                                                                                       
                                                                                                                                
CHAIR BUNDE mused  that this situation begs the  question of what                                                               
denying  unemployment benefits  to some  people would  do to  the                                                               
state's welfare rolls.                                                                                                          
                                                                                                                                
SENATOR  SEEKINS moved  to pass  SCS HB  305(L&C) from  committee                                                               
with  individual   recommendations  and  attached   fiscal  note.                                                               
Senators  Gary Stevens,  Hollis French,  Ralph Seekins  and Chair                                                               
Con Bunde voted yea; and SCS HB 305(L&C) moved from committee.                                                                  
                                                                                                                                
    CS HB 339(JUD)-TRADE PRACTICES: FREE TRIAL/OPT-OUT PLANS                                                                  
                                                                                                                                
CHAIR  CON   BUNDE  announced   CSHB  339(JUD)   to  be   up  for                                                               
consideration in Labor and Commerce for the first time.                                                                         
                                                                                                                                
REPRESENTATIVE  KEVIN  MEYER,  sponsor,  said  this  is  truly  a                                                               
consumer protection  bill that  addresses two  distinct marketing                                                               
practices. The first  is the free trial period and  the second is                                                               
the opt out marketing program.  The free trial period pertains to                                                               
magazines that  offer someone  to view its  magazine for  30 days                                                               
and then if he likes  it, the billing starts. Unfortunately, it's                                                               
not always  clear after that free  trial period as to  what one's                                                               
obligations  are.  This bill  requires  that  the seller  clearly                                                               
disclose  all material  terms and  conditions of  the free  trial                                                               
period. This  includes any  obligations the  user has  during the                                                               
free trial period and describes the  charges and how they will be                                                               
made after  the product has been  used in the free  trial period.                                                               
It  will shift  the burden  onto the  business to  prove that  it                                                               
fully  disclosed  all of  its  requirements  and obligations  for                                                               
using the product during the free trial period.                                                                                 
                                                                                                                                
The  second  issue is  the  opt-out  marketing plan.  Last  year,                                                               
telecommunication  companies  were  offering a  service  on  cell                                                               
phones that  unless a person  opted out, he or  she automatically                                                               
got charged  for it.  This isn't fair.  Also, sometimes  when you                                                               
try to opt out of something,  that 1-800 number can be on eternal                                                               
hold. "It's very  frustrating for the buyer."  Businesses rely on                                                               
people not opting out.                                                                                                          
                                                                                                                                
MS.   DRINKWATER,   Department   of    Law   (DOL),   said   that                                                               
Representative Meyer gave a very  accurate summary of the purpose                                                               
of  the bill,  which the  department supports,  and she  would be                                                               
happy to answer questions.                                                                                                      
                                                                                                                                
MS.  VIRGINIA  TORNESS,  Alaska Public  Interest  Research  Group                                                               
(AKPIRG),  supported  HB  339, because  it  will  better  protect                                                               
consumers in Alaska.  Opt out plans have often been  used to trap                                                               
consumers in the purchasing of  goods or services, simply because                                                               
they did not check a box  or send back the appropriate form. This                                                               
is essentially true of most free trial offers.                                                                                  
                                                                                                                                
CHAIR BUNDE noted a letter from AARP in support of HB 339.                                                                      
                                                                                                                                
SENATOR SEEKINS moved  to pass CSHB 339(JUD)  from committee with                                                               
individual  recommendations   and  fiscal  note.   Senators  Gary                                                               
Stevens, Hollis French,  Ralph Seekins and Chair  Con Bunde voted                                                               
yea; and CSHB 339(JUD) moved from committee.                                                                                    
                                                                                                                                
        HB 549-UNSOLICITED COMMUNICATION:AIRCRAFT CRASH                                                                       
                                                                                                                                
CHAIR CON BUNDE announced HB 549 to be up for consideration.                                                                    
                                                                                                                                
2:29 - 2:30 - at ease                                                                                                           
                                                                                                                                
MS.  VANESSA  TONDINI,  staff to  Representative  Lesil  McGuire,                                                               
sponsor, said  this bill  regulates "ambulance  chasing lawyers."                                                               
Normally,  those lawyers  are  governed by  the  Alaska Rules  of                                                               
Professional Conduct. This particular  issue deals with Rule 7.3,                                                               
which  states, "An  attorney shall  not solicit  by in  person or                                                               
live   telephone   contact   professional   employment   from   a                                                               
perspective client  with whom the  lawyer has no family  or prior                                                               
professional relationship  without a  significant motive  for the                                                               
lawyer's  doing." The  reason is  because  an overwhelmed  client                                                               
might find  it difficult to  fully evaluate all  the alternatives                                                               
after an event  has just happened. Even though  this rule exists,                                                               
it hasn't controlled the problem  that is taking place in Alaska,                                                               
especially after aviation accidents.                                                                                            
                                                                                                                                
The federal  government recognized the vulnerability  of aviation                                                               
accident victims  and their families  in 1996 when it  passed the                                                               
Aviation  Disaster Family  Assistance Act.  It mandates  that air                                                               
carrier provide specific support for  family members of those who                                                               
were  injured  or  killed  in an  accident.  It  also  prohibited                                                               
unsolicited contact  by attorneys for  30 days. In 2000,  the law                                                               
was  amended  to  expand  the scope  of  unsolicited  contact  to                                                               
include any  associate, agent,  employee or  other representative                                                               
of the attorney and expanded the time from 30 to 45 days.                                                                       
                                                                                                                                
The  enforcement  of  this  law  requires  action  by  the  Civil                                                               
Aeronautics Board and the U.S.  Attorney General; the penalty for                                                               
violation is a  $1,000 fine. However, the law  is hardly enforced                                                               
and there  is legal debate about  whether or not the  federal law                                                               
is  enforceable  against  attorneys  who violate  it  in  Alaskan                                                               
aviation accidents that  happen entirely within the  state. It is                                                               
especially prevalent  in rural Alaska where  support services are                                                               
hard to get. She explained:                                                                                                     
                                                                                                                                
     We  don't want  them  to  be preyed  upon  by not  good                                                                    
     lawyers, in other words,  until they, themselves decide                                                                    
     that it's time to initiate that process.                                                                                   
                                                                                                                                
     HB 549  was based on the  federal law and we  felt this                                                                    
     law was necessary because it  needs to apply to flights                                                                    
     that take  place within Alaska.  Like the  federal law,                                                                    
     it  doesn't  interfere  with  the  performance  of  the                                                                    
     family  support function  provided  for  in the  Family                                                                    
     Assistance Act by  the air carriers. Also,  in our bill                                                                    
     we made  it clear that  we don't want any  attorneys to                                                                    
     contact these people, so we  added the reference to the                                                                    
     air carrier's attorney, as well.                                                                                           
                                                                                                                                
     Regarding  the  sanctions  against attorneys,  we  felt                                                                    
     that a  civil financial  penalty is  inadequate because                                                                    
     the  financial incentive  of  representing an  aircraft                                                                    
     accident  victim  could be  so  great  that they  would                                                                    
     almost be willing  to take the financial  fee of $1,000                                                                    
     if they're  getting a  multimillion dollar  payment out                                                                    
     of this. We felt a  criminal sanction would be the best                                                                    
     deterrent.                                                                                                                 
                                                                                                                                
SENATOR SEEKINS  moved to  adopt SCS HB  549(L&C), version  I, as                                                               
the  working document.  There were  no objections  and it  was so                                                               
ordered.                                                                                                                        
                                                                                                                                
MS.  TONDINI thanked  the  committee for  bringing  the blank  CS                                                               
forward as  last minute floor  amendments and other  changes were                                                               
needed. She  explained that language  on page  1, lines 12  - 15,                                                               
was added  on the floor of  the House to clarify  that during the                                                               
45-day period  following an aircraft  accident, neither  an agent                                                               
nor a  representative or the air  carrier or its insurer  may not                                                               
initiate contact for the purpose  of offering a final settlement.                                                               
The sponsor did not object to that.                                                                                             
                                                                                                                                
MS. TONDINI  explained that air carriers  might have obligations,                                                               
such  as providing  short-term financial  assistance and  page 2,                                                               
subsection (c), clarifies  that the prohibitions do  not apply to                                                               
those activities.                                                                                                               
                                                                                                                                
The other area of the bill that  was amended in the House was the                                                               
removal of the  penalty section in subsection (d),  page 2, lines                                                               
8 -  12. The bill originally  read $10,000 for the  first offense                                                               
and  $100,000  for  a  second  offense,  but  that  language  was                                                               
removed. The  problem when a  fine is not  specifically mentioned                                                               
is that it would allow a  judge to impose a term of imprisonment,                                                               
which  was never  the intent  of  the sponsor.  The sponsor  felt                                                               
comfortable with making  it a class A misdemeanor with  a fine of                                                               
$100,000 or the fee the  attorney would have received through the                                                               
violation of  this act. Some  people felt that contact  needed to                                                               
be defined in section (e).                                                                                                      
                                                                                                                                
CHAIR BUNDE asked if the amount  of the fine would be accepted by                                                               
the courts as just, based on the severity of the crime.                                                                         
                                                                                                                                
MS.  TONDINI  hoped so  and  noted  that  AS 12.55.035  sets  out                                                               
maximum fines  for each level  of crime. Ordinarily,  the maximum                                                               
fine for a class A  misdemeanor is $10,000, but another provision                                                               
allows the legislature to establish otherwise.                                                                                  
                                                                                                                                
CHAIR BUNDE said he thought it  was a good idea to protect people                                                               
who are in  a state of stress,  but asked why this  is limited to                                                               
aircraft accidents.                                                                                                             
                                                                                                                                
MS. TONDINI replied that she thought  this should be a policy for                                                               
all situations and  added that it applies in  situations that the                                                               
Alaska Rules of Professional Conduct govern.                                                                                    
                                                                                                                                
CHAIR BUNDE  asked if the  recovery from an aircraft  accident is                                                               
potentially much larger than for an average automobile accident.                                                                
                                                                                                                                
MS. TONDINI replied that is correct.                                                                                            
                                                                                                                                
SENATOR  SEEKINS  asked  why  she  didn't  insert  "whichever  is                                                               
greater" after  the penalty and  if the sponsor wanted  the court                                                               
to have that discretion.                                                                                                        
                                                                                                                                
MS. TONDINI replied that language on  page 2, line 9, attempts to                                                               
say that it shall be the greater of the two.                                                                                    
                                                                                                                                
SENATOR FRENCH  said he had  a hard time  differentiating between                                                               
someone who was in the World  Trade Center and someone who was on                                                               
the plane that  crashed into it. He didn't know  which family was                                                               
more grievously  wounded or  incapable of  making a  decision. He                                                               
was concerned that  the bill focuses on air carriers.  He is also                                                               
concerned   about  the   penalty  for   lawyers  who   break  the                                                               
professional rules,  because, "A lawyer's ticket  to practice law                                                               
is immensely valuable.  You can't put a value on  it. If you lose                                                               
your ticket  to practice,  you have  to go  find another  line of                                                               
work...." He  also thought  lawyers must  have made  some serious                                                               
violations  against plane  crash victims  and he  wanted to  hear                                                               
about those.                                                                                                                    
                                                                                                                                
MS.  TONDINI agreed  with  his  first point  and  said this  bill                                                               
doesn't try  to give more  weight to one  side or the  other, but                                                               
tries to focus on an attorney's bad conduct.                                                                                    
                                                                                                                                
SENATOR  SEEKINS moved  to delete  section  (e) from  the CS  the                                                               
committee just  adopted. There were  no objections and it  was so                                                               
ordered.                                                                                                                        
                                                                                                                                
MR. BRUCE  MCGLASSON, President,  Grant Aviation, asked  for some                                                               
protection for  the air carriers.  He said that  the professional                                                               
rules are routinely  ignored with impunity in  western Alaska. He                                                               
has  found  that  victims  who   have  truly  been  injured  will                                                               
immediately  contact an  attorney,  but  attorneys are  routinely                                                               
contacting  other people  who  were on  planes,  but didn't  have                                                               
specific injuries.                                                                                                              
                                                                                                                                
     The attorneys are racing to  them immediately after the                                                                    
     accidents to  sign them,  because if  they go  home and                                                                    
     think it over  for a few days, they  are unharmed.... I                                                                    
     would  like just  a cooling  off period  to protect  us                                                                    
     from that kind of behavior.                                                                                                
                                                                                                                                
MR.  MCGLASSON said  that airlines  are unable  to buy  insurance                                                               
coverage  that is  adequate for  someone who  has truly  suffered                                                               
horrific  damages,   like  an  untimely  death   or  a  permanent                                                               
disability.                                                                                                                     
                                                                                                                                
     Insurance companies are terrified  of this onslaught of                                                                    
     small  suits that  can only  be described  as extorted.                                                                    
     They have  a client that  has no damages that  they can                                                                    
     point  to, but  they have  signed up  immediately after                                                                    
     and within a  week of the accident, we'll  get a letter                                                                    
     from  the  attorney offering  to  settle  this case  of                                                                    
     $50,000  or $100,000,  because they  know our  insurers                                                                    
     will look  at the cost  of defense and probably  opt to                                                                    
     settle rather  than go to  trial. The  consequences are                                                                    
     horrible  for us.  Our insurance  rates have  more than                                                                    
     doubled in  the last  five or six  years or  tripled in                                                                    
     some cases. Our available  coverage has been dropped in                                                                    
     some cases.  In some cases,  we've been able  to insure                                                                    
     our seats for $500,000 a seat.  It was $1 million a few                                                                    
     years  ago and  now  it's  not even  an  option at  any                                                                    
     price.  Many  carriers  in the  state  are  looking  at                                                                    
     limitations   of   $300,000,  because   the   insurance                                                                    
     companies  are afraid  of the  onslaught of  suits that                                                                    
     [are] presented to them.                                                                                                   
                                                                                                                                
CHAIR  BUNDE asked  if he  had  actual situations  that he  could                                                               
share with the committee.                                                                                                       
                                                                                                                                
MR. MCGLASSON replied  yes; in one instance  an attorney actually                                                               
went to  the hospital  in Bethel  and waited  for the  people who                                                               
were  in  the airplane  to  walk  out  the  door. "That  type  of                                                               
immediate contact -  it's almost guaranteed to  generate a client                                                               
for him."                                                                                                                       
                                                                                                                                
MR. MCGLASSON related that another  incident happened a couple of                                                               
weeks  before  Christmas when  attorneys  sent  letters to  every                                                               
person in the village where the accident occurred.                                                                              
                                                                                                                                
MR. ROBERT JACOBSON, President, Wings  of Alaska, said he is also                                                               
a  member  of  the  Alaska Air  Carrier's  Association  Board  of                                                               
Directors  and  has its  approval  to  speak  on its  behalf.  He                                                               
supported HB 549 and agreed with Mr. McGlasson's testimony.                                                                     
                                                                                                                                
     Rates  have tripled  for many  carriers throughout  the                                                                    
     state, limits have  come down. Some of us  that used to                                                                    
     enjoy $10  million and $20 million  smooth coverage are                                                                    
     now being  offered a half  million dollars a  seat. For                                                                    
     those of you that have  been involved with any aviation                                                                    
     incidents  over  the year,  a  half  a million  dollars                                                                    
     truly isn't enough  to take care of the  people who are                                                                    
     truly deserving in an accident like that.                                                                                  
                                                                                                                                
     To  address Senator  French's  concern  whether it  was                                                                    
     people  inside the  Towers or  on the  airplane -  in a                                                                    
     situation  like  this,  the  Aviation  Disaster  Family                                                                    
     Assistance Act  addresses them  altogether.... Aviation                                                                    
     accidents, because of the calamity  of it, even if it's                                                                    
     one or  two people in  an air taxi accident  like there                                                                    
     would  be in  an automobile  accident, the  settlements                                                                    
     and the  awards are usually  10 times what they  are in                                                                    
     an automobile accident. As a  result, our rates have to                                                                    
     be commensurate.                                                                                                           
                                                                                                                                
     Because we depend so much  on aviation in Alaska - it's                                                                    
     a taxi service,  it's a bus service for  so many people                                                                    
     up here. We air carriers  are struggling to provide the                                                                    
     service  and provide  good service.  At the  same time,                                                                    
     we're getting beat  up and we're getting  affected - in                                                                    
     this case,  by some people who  aren't acting honorably                                                                    
     in their profession....                                                                                                    
                                                                                                                                
SENATOR FRENCH  asked Mr. McGlasson  if he filed a  bar complaint                                                               
against the  individual who waited  at the hospital to  drive the                                                               
victims home.                                                                                                                   
                                                                                                                                
MR. MCGLASSON said he hadn't, but  it was a recent occurrence and                                                               
he didn't realize he could do that.                                                                                             
                                                                                                                                
SENATOR FRENCH  asked if it  happened within the last  six months                                                               
and if he knew of any other incidents.                                                                                          
                                                                                                                                
MR. MCGLASSON  replied that it  had happened within the  last six                                                               
months and  in a  small community like  Bethel, he  couldn't tell                                                               
which attorneys had relationships with  the people or not. In the                                                               
accidents he had been involved  in, the people had been contacted                                                               
immediately in  almost every  case. "It is  the rule  rather than                                                               
the exception."                                                                                                                 
                                                                                                                                
SENATOR FRENCH advised  him to take the options that  are open to                                                               
him and to use the least force possible.                                                                                        
                                                                                                                                
MR.  JACOBSON  said that  most  people  involved in  an  aircraft                                                               
accident don't understand what is possible.                                                                                     
                                                                                                                                
     When  they are  contacted by  a plaintiff  attorney who                                                                    
     says, 'I can get $100,000  for you because you now have                                                                    
     a fear  of flying - and  that's happened to us.  We had                                                                    
     an accident  in 1998  where nobody was  injured, people                                                                    
     got a little wet from their  hips down. We took them to                                                                    
     the  hospital as  we do  in  every case  and they  were                                                                    
     checked  out and  released. There  was  no physical  or                                                                    
     admitted injuries,  but one of  the four, we  took care                                                                    
     of her  hospital bills and  offered her $2,500  to move                                                                    
     on.  She said  fine.  The others  retained a  plaintiff                                                                    
     attorney  and they  were promised  big amounts  because                                                                    
     they now have a fear of flying.                                                                                            
                                                                                                                                
SENATOR FRENCH asked  him if they were contacted  by attorneys or                                                               
the other way around.                                                                                                           
                                                                                                                                
MR.  JACOBSON admitted  he didn't  know. His  point was  that the                                                               
people ended up with less,  because the plaintiff's attorney took                                                               
30 percent plus expenses. "In  a situation like that, we're going                                                               
to defend those as  strong as we can and the  victims end up with                                                               
less and that's a shame, but that's what is happening, too."                                                                    
                                                                                                                                
SENATOR SEEKINS said  it seems to him that since  this is already                                                               
covered in a  code of ethics, there is no  problem with those who                                                               
follow their code of ethics.  If some attorneys are not following                                                               
their  code of  ethics, the  legislature can  put some  statutory                                                               
teeth behind it.                                                                                                                
                                                                                                                                
SENATOR SEEKINS  moved to pass  SCS CSHB 549(L&C)  from committee                                                               
with attached fiscal note and individual recommendations.                                                                       
                                                                                                                                
SENATOR FRENCH  objected saying he  wanted to hear from  at least                                                               
one person  who had been badgered  by a lawyer after  a traumatic                                                               
injury or accident.                                                                                                             
                                                                                                                                
     That's what I thought the  heart of this bill was about                                                                    
     -  not so  much  fixing insurance  rates,  but sort  of                                                                    
     keeping a protective aura around  a person who has been                                                                    
     through a  tragedy. We  didn't hear  that. So,  I guess                                                                    
     I'm a little bit on the  fence about what the object of                                                                    
     the bill is....                                                                                                            
                                                                                                                                
     The way I  read this bill now  is if I bump  my head in                                                                    
     an  airplane accident  and have  to have  two stitches,                                                                    
     I've been injured,  and 44 days later a  lawyer sends a                                                                    
     letter   to    me   saying   maybe   you    need   some                                                                    
     representation, that person is  guilty of a misdemeanor                                                                    
     and shall  be sentenced  to pay a  fine of  $100,000. I                                                                    
     share  your concerns,  Mr.  Chairman,  that someone  is                                                                    
     going to  challenge that and  it's going to  get booted                                                                    
     out  and you're  going  to be  left  with no  direction                                                                    
     whatsoever about what to do.  I think this bill needs a                                                                    
     little bit more fine-tuning.                                                                                               
                                                                                                                                
CHAIR BUNDE asked  for a roll call vote.  Senators Ralph Seekins,                                                               
Gary  Stevens  and Chair  Con  Bunde  voted yea;  Senator  Hollis                                                               
French voted nay; and SCS CSHB 549(L&C) moved from committee.                                                                   
                                                                                                                                
     CSHB 419(RES)-REGIONAL SEAFOOD DEVELOPMENT ASS'NS./TAX                                                                   
                                                                                                                                
CHAIR  CON  BUNDE   announced  CS  HB  419(RES)  to   be  up  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  DAN OGG,  sponsor, said  HB 419  came out  of the                                                               
Joint Legislative  Salmon Task Force.  Fishermen wanted a  way to                                                               
tax themselves so they could  develop their seafood products. The                                                               
idea  initially  came  from  the  Copper  River  where  fishermen                                                               
advertise  their  Copper  River  Red  Salmon,  the  first  salmon                                                               
fishery of the year and they  are highly prized in the west coast                                                               
markets. Some  of the  grants to help  develop their  program are                                                               
ending  and  other areas  of  the  state  have  got the  idea  of                                                               
marketing regional  fish. Kodiak  and Cook  Inlet are  working on                                                               
similar programs. Twelve  regions were developed in  the state in                                                               
which to administer  these programs and each area  would have one                                                               
program. The bill allows 21  percent of a region's permit holders                                                               
to apply  to the Department  of Community &  Economic Development                                                               
(DCED) for an election to form  an organization. If 51 percent of                                                               
the permit holders vote in  favor, they form an organization. The                                                               
bill allows them  to tax themselves in an election  in which they                                                               
pick a .5, 1, 1.5 or 2  percent taxation rate. If it passes, they                                                               
have established their assessment. This  bill also gives them the                                                               
power  to provide  an infrastructure  for improvements  like fish                                                               
chillers for members' use.                                                                                                      
                                                                                                                                
TAPE 04-36, SIDE A                                                                                                              
                                                                                                                                
REPRESENTATIVE OGG  explained that  folks could  untax themselves                                                               
with the same  method. Twenty-five percent of  the permit holders                                                               
could ask for a new election to untax.                                                                                          
                                                                                                                                
MR. JERRY  MCKUNE, United Fishermen  of Alaska (UFA), said  a lot                                                               
of fishermen  in the  state are excited  about this  bill. Grants                                                               
are drying up as  the sponsor said and this would  allow a lot of                                                               
fisheries to raise  $200,000 to $300,000 at the  1 percent range.                                                               
This  will  also allow  fishermen  to  work with  processors  and                                                               
others in  the communities to  put promotional  programs together                                                               
and get more  value off the salmon and work  on quality problems,                                                               
such as installing ice machines in remote areas.                                                                                
                                                                                                                                
CHAIR BUNDE asked if he knew of any opposition to this bill.                                                                    
                                                                                                                                
MR.  MCKUNE  replied  that  probably  some  fishermen  would  get                                                               
worried with talk about taxes.                                                                                                  
                                                                                                                                
     If you have a use for  this money, you have to convince                                                                    
     your  fleet  to take  this  on  and have  an  election,                                                                    
     you're  going to  have  to do  some  education of  that                                                                    
     fleet  to  convince  them  why  you  want  to  use  the                                                                    
     money....  plus  every fisherman  gets  to  sit on  the                                                                    
     committee that's  in that particular fishery.  So, they                                                                    
     all get to have their say....                                                                                              
                                                                                                                                
     Some areas  probably don't  have need  for it  or won't                                                                    
     have  a need  for  it for  a while  until  they have  a                                                                    
     separate  fishery. When  you break  it down  to certain                                                                    
     fisheries, there  are some gillnet  fisheries I  see in                                                                    
     the state  that could probably  do this right  away and                                                                    
     try to  get this passed once  it's on the books  and in                                                                    
     other fisheries,  like seine  fisheries, it would  be a                                                                    
     little  bit  more  complicated and  would  have  to  be                                                                    
     talked through to whether that's  going to be a benefit                                                                    
     for them.                                                                                                                  
                                                                                                                                
SENATOR GARY STEVENS asked Representative  Ogg to explain how the                                                               
voting would  take place  and how latent  permits would  be dealt                                                               
with.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  OGG replied  that this  issue received  a lot  of                                                               
discussion  and the  recommendation of  the task  force is  to go                                                               
with 50  percent of the actual  permits voting, which is  how the                                                               
aquaculture voting is set up and it works fine.                                                                                 
                                                                                                                                
CHAIR BUNDE asked if the size of a quorum was discussed.                                                                        
                                                                                                                                
REPRESENTATIVE OGG replied:                                                                                                     
                                                                                                                                
     The mechanism  in which  the ballots  go out  - knowing                                                                    
     how fishermen are and being  one myself - sometimes you                                                                    
     don't get the notice. So  you are sent out two ballots,                                                                    
     two separate  mailings. So, you're most  assured to get                                                                    
     everybody  and it's  pretty clear  what's going  on and                                                                    
     it's in  your high interest to  participate. If there's                                                                    
     latent fishermen  who aren't fishing, they  won't pay a                                                                    
     tax, because  they don't have any  product that they're                                                                    
     selling. Once they  start to fish again,  they will pay                                                                    
     a tax.                                                                                                                     
                                                                                                                                
MR. MCKUNE added  that each region has to publish  two notices in                                                               
a newspaper.                                                                                                                    
                                                                                                                                
SENATOR SEEKINS asked if there is  any requirement to make sure a                                                               
ballot was ever received.                                                                                                       
                                                                                                                                
REPRESENTATIVE OGG  replied no; nothing  more is needed  than the                                                               
two mailings to addressees on the limited entry permit cards.                                                                   
                                                                                                                                
CHAIR  BUNDE asked  what level  of participation  the aquaculture                                                               
associations have among eligible voters.                                                                                        
                                                                                                                                
REPRESENTATIVE OGG said he didn't know.                                                                                         
                                                                                                                                
MR.  MCKUNE replied  that the  Prince  William Sound  Aquaculture                                                               
Association had  an 80 percent  return when it first  started. He                                                               
thought the same would be the case with this program.                                                                           
                                                                                                                                
CHAIR BUNDE postulated that an  election wouldn't be valid unless                                                               
10 or  15 percent of  the permit holders participated  and wanted                                                               
that discussed  in the Finance  Committee. The way it  is written                                                               
now, two out  of three people could decide an  issue. Although he                                                               
doubted  that would  happen, he  also sees  low voter  turnout in                                                               
general elections.                                                                                                              
                                                                                                                                
SENATOR  SEEKINS asked  if other  forms of  notification that  an                                                               
election is going to take place are required.                                                                                   
                                                                                                                                
MR. MCKUNE  answered that the  bill requires two ballots  and two                                                               
notices  in the  newspaper of  the region  in which  the election                                                               
will take  place and a minimum  of two public meetings  must take                                                               
place.                                                                                                                          
                                                                                                                                
SENATOR GARY STEVENS  moved to pass CSHB  419(RES) from committee                                                               
with  attached   fiscal  note  and   individual  recommendations.                                                               
Senators Hollis French, Ben Stevens,  Ralph Seekins and Chair Con                                                               
Bunde vote yea; and CSHB 419(RES) moved from committee.                                                                         
                                                                                                                                
         HB 464-EXTEND BOARD OF REAL ESTATE APPRAISERS                                                                        
                                                                                                                                
CHAIR CON BUNDE  announced HB 464 to be up  for consideration and                                                               
explained  that it  simply extends  the Board  of Certified  Real                                                               
Estate Appraisers.                                                                                                              
                                                                                                                                
MR. HENRY WEBB,  staff to Representative Ralph  Samuels, said the                                                               
Board  of  Certified  Real  Estate   Examiners  is  charged  with                                                               
establishing  exam standards  for  certification  of real  estate                                                               
appraisers, adopting  rules of professional conduct  and insuring                                                               
the  observance  of  state and  federal  regulations  within  the                                                               
industry. Legislative  Audit recommended  that it be  extended to                                                               
2008, which is what this bill does.                                                                                             
                                                                                                                                
SENATOR GARY  STEVENS moved  to pass HB  464 from  committee with                                                               
individual recommendations  and attached fiscal note.  There were                                                               
no objections and it was so ordered.                                                                                            
                                                                                                                                
            HB 351-CARBON MONOXIDE DETECTION DEVICES                                                                          
                                                                                                                                
CHAIR CON BUNDE announced HB 351 to be up for consideration.                                                                    
                                                                                                                                
An unidentified  representative of Representative  Max Gruenberg,                                                               
sponsor,  said  that it  was  introduced  in response  to  public                                                               
outcry  over tragedies  that have  occurred throughout  the state                                                               
over the last several years.  Several families have actually died                                                               
from carbon monoxide  poisoning in the short  term, but long-term                                                               
effects occur in children and adults as well.                                                                                   
                                                                                                                                
CHAIR  BUNDE asked  if state  law or  local ordinance  requires a                                                               
smoke detector.                                                                                                                 
                                                                                                                                
The  representative replied  that  current state  law requires  a                                                               
smoke detector in every domicile.                                                                                               
                                                                                                                                
SENATOR GARY  STEVENS moved  to pass HB  351 from  committee with                                                               
attached  fiscal note  and  individual recommendations.  Senators                                                               
Gary Stevens,  Hollis French and  Chair Con Bunde voted  yea; and                                                               
HB 351 moved  from committee. There being no  further business to                                                               
come before the committee, he adjourned the meeting at 3:24 p.m.                                                                
                                                                                                                                
                                                                                                                                

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