Legislature(2007 - 2008)BELTZ 211

03/06/2008 01:30 PM LABOR & COMMERCE


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Postponed to 2:30 p.m.--
Bills Previously Heard/Scheduled
+= HB 233 UNCLAIMED PHONE/ELEC COOP DISTRIBUTIONS TELECONFERENCED
Moved SCS CSHB 233(L&C) Out of Committee
+= HJR 16 OPPOSING MILK TAX TELECONFERENCED
Moved HJR 16 Out of Committee
= HB 196 HANDLING MATTERS AFTER A PERSON'S DEATH
Moved SCS CSHB 196(L&C) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         March 6, 2008                                                                                          
                           2:29 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Johnny Ellis, Chair                                                                                                     
Senator Bettye Davis                                                                                                            
Senator Con Bunde                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gary Stevens, Vice Chair                                                                                                
Senator Lyman Hoffman                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
CS FOR HOUSE BILL NO. 233(L&C)                                                                                                  
"An Act relating to giving notice of unclaimed net margin                                                                       
distributions made by electric and telephone cooperatives."                                                                     
     MOVED SCS CSHB 233(L&C) OUT OF COMMITTEE                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 196(JUD)                                                                                                  
"An Act relating to the handling of matters after a person's                                                                    
death."                                                                                                                         
     MOVED SCS CSHB 196(L&C) OUT OF COMMITTEE                                                                                   
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 16                                                                                                   
Opposing imposition of a milk tax on Alaskans.                                                                                  
     MOVED HJR 16 OUT OF COMMITTEE                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 233                                                                                                                  
SHORT TITLE: UNCLAIMED PHONE/ELEC COOP DISTRIBUTIONS                                                                            
SPONSOR(s): RULES                                                                                                               
                                                                                                                                
04/11/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/11/07       (H)       L&C                                                                                                    
04/25/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
04/25/07       (H)       Moved CSHB 233(L&C) Out of Committee                                                                   
04/25/07       (H)       MINUTE(L&C)                                                                                            
04/27/07       (H)       L&C RPT CS(L&C) 4DP 1NR                                                                                
04/27/07       (H)       DP: GARDNER, LEDOUX, BUCH, OLSON                                                                       
04/27/07       (H)       NR: NEUMAN                                                                                             
05/02/07       (H)       TRANSMITTED TO (S)                                                                                     
05/02/07       (H)       VERSION: CSHB 233(L&C)                                                                                 
05/03/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/03/07       (S)       L&C, FIN                                                                                               
02/14/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/14/08       (S)       Heard & Held                                                                                           
02/14/08       (S)       MINUTE(L&C)                                                                                            
03/06/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
BILL: HB 196                                                                                                                  
SHORT TITLE: HANDLING MATTERS AFTER A PERSON'S DEATH                                                                            
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
03/14/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/07       (H)       JUD                                                                                                    
04/04/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/04/07       (H)       Heard & Held                                                                                           
04/04/07       (H)       MINUTE(JUD)                                                                                            
04/10/07       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/10/07       (H)       Moved CSHB 196(JUD) Out of Committee                                                                   
04/10/07       (H)       MINUTE(JUD)                                                                                            
04/11/07       (H)       JUD RPT CS(JUD) 5DP 1NR                                                                                
04/11/07       (H)       DP: GRUENBERG, LYNN, COGHILL, HOLMES,                                                                  
                         RAMRAS                                                                                                 
04/11/07       (H)       NR: SAMUELS                                                                                            
04/20/07       (H)       TRANSMITTED TO (S)                                                                                     
04/20/07       (H)       VERSION: CSHB 196(JUD)                                                                                 
04/23/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/23/07       (S)       L&C, STA, JUD                                                                                          
02/21/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/21/08       (S)       Heard & Held                                                                                           
02/21/08       (S)       MINUTE(L&C)                                                                                            
                                                                                                                                
BILL: HJR 16                                                                                                                  
SHORT TITLE: OPPOSING MILK TAX                                                                                                  
SPONSOR(s): REPRESENTATIVE(s) LYNN                                                                                              
                                                                                                                                
03/30/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/30/07       (H)       L&C                                                                                                    
05/04/07       (H)       L&C AT 3:00 PM CAPITOL 17                                                                              
05/04/07       (H)       Moved Out of Committee                                                                                 
05/04/07       (H)       MINUTE(L&C)                                                                                            
05/05/07       (H)       L&C RPT 5DP                                                                                            
05/05/07       (H)       DP: GARDNER, GATTO, BUCH, LEDOUX, OLSON                                                                
05/09/07       (H)       TRANSMITTED TO (S)                                                                                     
05/09/07       (H)       VERSION: HJR 16                                                                                        
05/09/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/09/07       (S)       L&C                                                                                                    
02/21/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
02/21/08       (S)       Heard & Held                                                                                           
02/21/08       (S)       MINUTE(L&C)                                                                                            
03/06/08       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DANA OWEN                                                                                                                       
Staff to Senator Ellis                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Explained the L&C CS for CSHB 233(L&C).                                                                   
                                                                                                                                
ROBERT WILKINSON                                                                                                                
Copper Valley Electric Association                                                                                              
Valdez, AK                                                                                                                      
POSITION STATEMENT: Supported CSHB 233(L&C), version T.                                                                       
                                                                                                                                
JANE PIERSON                                                                                                                    
Staff to Representative Ramras                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Was  available to answer questions  on HB 196                                                             
for the sponsor.                                                                                                                
                                                                                                                                
DIRK MOFFATT                                                                                                                    
Staff to Representative Lynn                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Commented on HJR 16 for the sponsor.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JOHNNY ELLIS called the  Senate Labor and Commerce Standing                                                             
Committee meeting to order at 2:29:51  PM. Present at the call to                                                             
order were Senators Bunde, Davis and Ellis.                                                                                     
                                                                                                                                
     CSHB 233(L&C)-UNCLAIMED PHONE/ELEC COOP DISTRIBUTIONS                                                                  
                                                                                                                              
2:30:47 PM                                                                                                                    
CHAIR ELLIS announced HB 233 to  be up for consideration and that                                                               
the committee  had an SCS  prepared after suggestions by  Mr. Ray                                                               
Craig of Chugach Consumers Group regarding the public notice.                                                                   
                                                                                                                                
DANA  OWEN, staff  to Senator  Ellis,  explained the  differences                                                               
between SCS CSHB  233(L&C), version T, and the  original bill. He                                                               
said the original bill mandates  that if an electric co-operative                                                               
has a website, they would have  two options for publishing a list                                                               
of names  of people  who may  have unclaimed  distributions. They                                                               
could either do  it in the normal fashion in  a newspaper or they                                                               
could publish  it on  a website  for 180  days. He  found working                                                               
with the  cooperatives and especially  with Mr. Craig  that there                                                               
were  a number  of  places  where he  thought  it  could be  more                                                               
specific. That's what version T tries to accomplish.                                                                            
                                                                                                                                
MR.  OWEN said  he worked  with Robert  Wilkerson, Copper  Valley                                                               
Electric  Association, who  is representing  a group  of electric                                                               
co-ops and  came up with language  saying if a cooperative  has a                                                               
website it  must post  the names  for at least  180 days  on that                                                               
site; it must also  post a notice on the home  page that the list                                                               
is on the site.  That notice must contain a link  to the list and                                                               
the following  prominently displayed  notice line in  all capital                                                               
letters:  DO  WE  OWE  YOU   MONEY?  UNCLAIMED  (Insert  name  of                                                               
Cooperative) CAPITAL  CREDITS. They also  have to publish  once a                                                               
week for  four consecutive  weeks a similar  notice in  a general                                                               
circulation newspaper  in the cooperatives judicial  district. If                                                               
the  newspaper has  an Internet  addition,  the notice  is to  be                                                               
simultaneously  published  there.  The  size  of  the  notice  is                                                               
further   defined.  In   both  cases   a  newspaper   of  general                                                               
circulation is defined as it is in another section of statute.                                                                  
                                                                                                                                
2:33:50 PM                                                                                                                    
ROBERT WILKINSON,  Copper Valley Electric  Association, supported                                                               
version T. He said Mr. Craig supported it as well.                                                                              
                                                                                                                                
2:35:08 PM                                                                                                                    
SENATOR DAVIS  moved to adopt  SCS CSHB (L&C)  25-LS0779\T. There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
SENATOR BUNDE  moved to report  SCS CSHB 233(L&C)  from committee                                                               
with  individual  recommendations  and attached  fiscal  note(s).                                                               
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
     CSHB 196(JUD)-HANDLING MATTERS AFTER A PERSON'S DEATH                                                                  
                                                                                                                                
2:36:08 PM                                                                                                                    
CHAIR ELLIS announced  CSHB 196(JUD) to be  up for consideration.                                                               
He asked  Ms. Pierson  if she  had any  quick comments  to remind                                                               
them of the nature of the bill.                                                                                                 
                                                                                                                                
JANE PIERSON,  staff to Representative  Ramras, replied  that she                                                               
had covered everything and would answer questions.                                                                              
                                                                                                                                
2:36:52 PM                                                                                                                    
SENATOR BUNDE moved to adopt Amendment 1.                                                                                       
                                                                                                                                
                                                      25-LS0447\E.1                                                             
                                                         Bannister                                                              
                          AMENDMENT 1                                                                                       
OFFERED IN THE SENATE                          BY SENATOR BUNDE                                                                 
     TO:  CSHB 196(JUD)                                                                                                         
                                                                                                                                
Page 2, line 6:                                                                                                                 
     Delete "$25,000"                                                                                                       
     Insert "$100,000"                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIR ELLIS objected for an explanation.                                                                                        
                                                                                                                                
SENATOR BUNDE said the sponsor  had agreed with and supported the                                                               
amendment.  He  explained  that  it  raises  the  value  of  real                                                               
property from $25,000 to $100,000 before going to probate.                                                                      
                                                                                                                                
CHAIR  ELLIS agreed  with changing  the amounts.  He removed  his                                                               
objection and Amendment 1 was adopted.                                                                                          
                                                                                                                                
2:39:42 PM                                                                                                                    
SENATOR BUNDE  moved to report  SCS CSHB 196(L&C)  from committee                                                               
with individual recommendations  and accompanying fiscal note(s).                                                               
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
                    HJR 16-OPPOSING MILK TAX                                                                                
                                                                                                                                
2:40:25 PM                                                                                                                    
CHAIR ELLIS announced HJR 16 to be up for consideration.                                                                        
                                                                                                                                
DIRK MOFFATT,  staff to Representative  Lynn, sponsor of  HJR 16,                                                               
said  the Chair  had  asked a  question in  the  February 21  L&C                                                               
meeting  about  a letter  from  Department  of Natural  Resources                                                               
(DNR)  about the  constitutionality  of the  "Got Milk"  campaign                                                               
that said  it might  be prudent  to wait for  the outcome  of the                                                               
Beef Act  case. He found  that "on May  23, 2005 the  court ruled                                                               
against WORK and the Livestock Marketing  Association in a 6 to 3                                                               
decision  saying  that  mandatory beef  check-off  is  government                                                               
speech and  therefore, does not violate  the constitution's right                                                               
to free  speech." Mr.  Moffatt explained the  idea was  that this                                                               
resolution  might not  be  necessary,  but as  it  stands now  if                                                               
Alaska is  added to the  list of  states where producers  have to                                                               
pay the milk tax, there's nothing unconstitutional about it.                                                                    
                                                                                                                                
CHAIR ELLIS found no further questions.                                                                                         
                                                                                                                                
SENATOR BUNDE moved to report HJR 16 from committee with                                                                        
individual recommendations. There were no objections and it was                                                                 
so ordered.                                                                                                                     
                                                                                                                                
2:42:47 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Ellis adjourned the meeting at 2:43:51 PM.                                                                              
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects