02/27/2012 01:30 PM Senate JUDICIARY

          HB 291-PUBLIC NOTICES POSTED AT POST OFFICES                                                                      
                                                                                                                                
1:39:24 PM                                                                                                                    
CHAIR FRENCH announced the consideration of HB 291.                                                                             
                                                                                                                                
PAMELA  FINLEY,  Revisor  of   Statutes,  Legislative  Legal  and                                                               
Research Services, Legislative Affairs  Agency, explained that HB
 would  delete four statutory references  that require posting                                                               
certain  notices at  U.S. post  offices. This  would address  the                                                               
issue that  since 2007,  the federal  government has  not allowed                                                               
any  postings   other  than  government  notices.   The  specific                                                               
statutes that HB  291 would amend are AS  03.35.030 pertaining to                                                               
controlled  livestock districts;  AS  34.35.175(d) pertaining  to                                                               
personal  property  lien  sales; AS  34.45.050(b)  pertaining  to                                                               
consignee  and   bailee  lien   sales;  and   AS  43.20.270(d)(2)                                                               
pertaining  to state  tax  lien sales.  These  notices are  still                                                               
required, but do not have to be posted at a U.S. post office.                                                                   
                                                                                                                                
CHAIR FRENCH asked how the bill came about.                                                                                     
                                                                                                                                
MS. FINLEY  said this problem came  to light last year  in a bill                                                               
dealing  with execution  sales.  Although the  reference to  post                                                               
offices was deleted  from that bill, it makes sense  to remove it                                                               
from the books.                                                                                                                 
                                                                                                                                
1:41:23 PM                                                                                                                    
SENATOR WIELECHOWSKI noted  that it was a  substantive change and                                                               
questioned it as a revisor's bill.                                                                                              
                                                                                                                                
MS. FINLEY explained  that she made it a  separate revisor's bill                                                               
to give the Legislature the  opportunity to decide what it wanted                                                               
to  do with  the provision.  She  agreed that  was a  substantive                                                               
change.                                                                                                                         
                                                                                                                                
CHAIR  FRENCH asked  what would  constitute a  conspicuous public                                                               
place for the purpose of posting these notices.                                                                                 
                                                                                                                                
MS. FINLEY said it would depend  on the district, but it might be                                                               
a public library, or fire hall, for example.                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  observed that Section 1  appeared to remove                                                               
more than just the reference to the post office.                                                                                
                                                                                                                                
MS. FINLEY said the language that was removed was redundant.                                                                    
                                                                                                                                
CHAIR FRENCH  asked who  makes the decision  where to  post these                                                               
notices.                                                                                                                        
                                                                                                                                
MS. FINLEY replied the district  judge would issue the order, but                                                               
the exact  location would probably  depend on the  situation. For                                                               
example, in  Section 2 it  would probably  be the person  who was                                                               
holding the sale.                                                                                                               
                                                                                                                                
CHAIR  FRENCH mused  about how  long these  statutes might  last,                                                               
given the Internet.                                                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI  questioned why nobody knew  that posting in                                                               
post offices was prohibited when these statutes were enacted.                                                                   
                                                                                                                                
MS.  FINLEY replied  these  statutes all  predate  2007 when  the                                                               
federal prohibition was issued.                                                                                                 
                                                                                                                                
1:46:13 PM                                                                                                                    
CHAIR FRENCH closed public testimony on HB 291.                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI raised the question  of amending the bill to                                                               
require  online  postings.  Some  discussion ensued  and  it  was                                                               
agreed  that it  was  a  good suggestion  for  some  time in  the                                                               
future.                                                                                                                         
                                                                                                                                
CHAIR FRENCH asked for a motion.                                                                                                
                                                                                                                                
1:48:10 PM                                                                                                                    
SENATOR WIELECHOWSKI moved  to report HB 291  from committee with                                                               
individual recommendations and attached fiscal note(s).                                                                         
                                                                                                                                
CHAIR FRENCH announced that without  objection, HB 291 moved from                                                               
the Senate Judiciary Standing Committee.