Legislature(2005 - 2006)BELTZ 211
04/28/2005 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| Alcohol Beverage Control Board: Michael Gordon - Anchorage, William Tull – Palmer || Board of Marine Pilots - Dale Collins - Ketchikan || Real Estate Commission: Gene Duval - Fairbanks, Roger Stone - Ketchikan | |
| HB61 | |
| HB211 | |
| SB173 | |
| HB216 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 211 | TELECONFERENCED | |
| += | SB 173 | TELECONFERENCED | |
| + | HB 216 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 61 | TELECONFERENCED | |
SB 173-NEWSPAPER PROPERTY SALES NOTICES
CHAIR RALPH SEEKINS announced SB 173 to be up for consideration.
RYAN MAKINSTER, staff to Senator Cowdery, explained that SB 173
addresses an issue regarding notice of a fail on execution for
real property. Currently before a sale of property on execution
can take place, a public notice must be given including
certified mail, mail and public notice in a newspaper. SB 173
addresses the fact that the current definition of general
circulation newspaper includes one provision - that it would
have a second-class federal postage permit. This was under the
belief that newspapers in general circulation had that power.
Nowadays there are free newspapers - the Anchorage Press, for
example. And now it has an overwhelming circulation - enough to
qualify in other states as a general circulation newspaper.
The intent of AS 9.35.410 is to notify the public.
What better way to notify the public than a broad-
reaching free newspaper? Basically, all this bill will
do is remove the requirement of a second-class mailing
permit.
As the statute is currently written, periodical permits are
called second-class mailing permits.
1:55:28 PM
SENATOR BEN STEVENS asked when the definition of a second-class
permit was changed to periodical.
MR. MAKINSTER replied that it was changed in 1996. He added that
other provisions for general circulation are that the paper has
to be distributed at least once a week for 50 weeks in each year
and must have a total paid circulation or distribution of 500
copies or 10 percent of the total population of the judicial
district in which it is located.
SENATOR BEN STEVENS asked how many publications this would
affect other than the Anchorage Press.
MR. MAKINSTER replied that the Anchorage Press is the only
publication he knows of.
1:57:27 PM
SENATOR ELLIS asked if the Pulse, in Anchorage, would qualify.
MR. MAKINSTER replied that he didn't know for sure.
If they did a broad notice across all of their
circulations, that would fulfill the number within the
judicial district, but if you specifically went to the
South side, that doesn't have a large enough
circulation to fulfill that, it would have to be in
every publication. I believe under that case, it would
fill the obligation.
SENATOR ELLIS pointed out that there are more than just three
newspapers statewide and asked if the Anchorage Daily News and
Chugiak Eagle River Star would qualify also.
MR. MAKINSTER apologized and said that he was only thinking of
the Anchorage area and forgot to mention that other papers
qualify. The Juneau Empire is another paper that has a
periodical permit, which was previously a class 2 permit.
1:59:10 PM
CHAIR SEEKINS said he had never even seen a copy of the
Anchorage Press and asked how many other people would rely on a
general circulation paper to keep abreast of public notices like
him. He was curious if they are just trying to reach a number or
really trying to fulfill the purpose of a public notice.
MR. MAKINSTER replied that his argument can be made, but on the
other hand, a subscription doesn't automatically reach the
people you want it to and, as a consequence, language says a
publication only has to reach a large enough number to qualify
for general circulation.
CHAIR SEEKINS asked if the bidding process on public notice is
for each notice or to be the publisher of public notices in the
community.
MR. MAKINSTER replied currently when a public notice goes out to
bid, just one entity is being used. He didn't know how this
would change the process.
2:02:19 PM
CHAIR SEEKINS said he was concerned that a general-purpose
publication (not intended primarily for a particular
professional or occupational group) that had a total paid
distribution of at least 500 copies could bid competitively
against a newspaper with tens of thousands of readers.
He has a high regard for trying to reach the greatest number of
people possible with public notice and thought that was part of
the legislature's responsibility. If he puts public notice up
for bid and as a result of a lower bid, he notifies fewer
people, he is not meeting his public responsibility.
MR. MAKINSTER responded that the sponsor's intent is to allow
free circulation newspapers that fulfill the obligations of
having a permit to bid on public notices, but he would work with
Senator Seekins on language that would address his concern with
the smaller-running publications.
2:04:18 PM
SENATOR BEN STEVENS said he would not classify requirement for
public notice as an advertisement.
Most people that follow the public notice for sale of
real property in Anchorage are almost in the business.
Regardless of what publication it's in, they would
know where it's going to go and they would follow it.
He wasn't quite in agreement with requiring that the public
notice has to reach as many people as possible.
2:05:29 PM
CHAIR SEEKINS said he was not that concerned if the intent is to
broaden the availability and distribution, but if it's an
"either or" situation, he did. He thought this bill could easily
be portrayed as single-interest legislation and that probably
wasn't the intent of the sponsor. He asked if the large papers
in the state had commented.
MR. MAKINSTER replied that he had contacted the Anchorage Daily
News circulation manager who didn't have any response.
2:07:35 PM
SENATOR ELLIS asked if notices could be in the free Capital City
Weekly instead of the Juneau Empire.
MR. MAKINSTER replied that he didn't know if the Capital City
Weekly qualified under the circulation number.
2:07:56 PM
CHAIR SEEKINS asked if there was a definition difference between
circulation and the number of copies printed.
MR. MAKINSTER replied that just printing them and leaving them
in warehouses does not fulfill that obligation, they have to at
least be on a stand.
2:08:12 PM
SENATOR BEN STEVENS said that numerous smaller publications have
a big circulation in the west and southwest parts of the state
and they that have to have the periodic bulk rate to fulfill
their distribution rate from their subscription base as well as
their free distribution. He knows that those circulations carry
public notices in them. Their distribution might not be as big
as the Anchorage Press, but because they have the bulk rate,
they have been able to participate under the public notice
process.
CHAIR SEEKINS replied that he wasn't trying to constrict their
participation, but rather he was trying to make sure they didn't
constrict it by this law. He said that he would hold SB 173 so
he could at least talk to his newspaper in Fairbanks. He
asserted that he is not trying to protect the economic interest
of the Anchorage Daily News.
CHAIR SEEKINS announced he would hold SB 173 in committee.
| Document Name | Date/Time | Subjects |
|---|