Legislature(1999 - 2000)

03/27/2000 01:20 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 435 - REVISOR'S BILL                                                                                                         
                                                                                                                                
CHAIRMAN KOTT announced that the next order of business would be                                                                
HOUSE BILL NO. 435, "An Act making corrective amendments to the                                                                 
Alaska Statutes as recommended by the revisor of statutes; and                                                                  
providing for an effective date."                                                                                               
                                                                                                                                
Number 1538                                                                                                                     
                                                                                                                                
PAMELA FINLEY, Revisor of Statutes, Legislative Legal Counsel,                                                                  
Legislative Legal and Research Services, Legislative Affairs                                                                    
Agency, informed the committee that this bill is prepared every                                                                 
year pursuant to statute.  The bill is introduced through the                                                                   
Legislative Council and is primarily a cleanup bill.  She pointed                                                               
out that HB 435 primarily has changes in nomenclature, conforming                                                               
federal references to new laws.  There should be no policy changes                                                              
in HB 435 and there are not really any substantive changes either.                                                              
                                                                                                                                
MS. FINLEY referred the committee to page 3, Section 7, which would                                                             
authorize banks to own real or personal property in connection with                                                             
a negatively amortizing loan.  She explained that several years ago                                                             
the legislature amended the interest statute in order to allow                                                                  
negatively amortizing loans.  She understood this to essentially                                                                
allow people who are terminally ill or elderly to stay in their                                                                 
homes and receive the money from their homes.  "In order to do                                                                  
that, I am told, the bank needs to own the property and that                                                                    
statute was not amended."  Essentially, Section 7 allows the policy                                                             
determined by the legislature several years ago to go into effect.                                                              
                                                                                                                                
MS. FINLEY pointed out that HB 435 has an error.  On page 4, line                                                               
3, the word "loan" should be bracketed, and on page 4, line 4,                                                                  
"[LOAN]" should not be bracketed.  She noted that the bill packet                                                               
should include an amendment to rectify this error.                                                                              
                                                                                                                                
CHAIRMAN KOTT announced that [the aforementioned correction] would                                                              
be accepted as a technical amendment.                                                                                           
                                                                                                                                
Number 1680                                                                                                                     
                                                                                                                                
REPRESENTATIVE MURKOWSKI noted that this committee has had several                                                              
discussions with regard to the political correctness of certain                                                                 
terminology, specifically that of "chairman."  She asked how this                                                               
is handled in the statutes.                                                                                                     
                                                                                                                                
MS. FINLEY said that in new bills she tries to make sure that the                                                               
language used is "chair" because that seems to be the common                                                                    
[terminology] and most people can distinguish between the furniture                                                             
and the person.  She a noted that "chairperson" is an alternative.                                                              
She recalled that in 1982 the legislature passed a law instructing                                                              
[the legislature] to avoid personal pronouns, which she took to                                                                 
mean to avoid "chairman."  In other words, [the intent] was to use                                                              
sex neutral language to the extent possible.  However, there are                                                                
plenty of references to "chairman" left over in old law from the                                                                
1960s.  She said, "I have thought about it.  I have in my suspense                                                              
file 'a go through and do a revisor's bill that changes them all,'                                                              
but there are people, I think, in this legislature who would not                                                                
like that."  She commented that she would be willing to introduce                                                               
such legislation, but she did not feel the need to "pick fights"                                                                
over that.                                                                                                                      
                                                                                                                                
Number 1819                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN moved to report HB 435 out of committee with                                                               
individual recommendations.                                                                                                     
                                                                                                                                
CHAIRMAN KOTT interjected that the aforementioned correction would                                                              
be recognized as a technical amendment, labeled Amendment 1.                                                                    
Chairman Kott asked if there were any objections [to reporting HB
435 as amended out of committee].  There being no objection, it was                                                             
so ordered and CSHB 435(JUD) was reported from the House Judiciary                                                              
Standing Committee.                                                                                                             
                                                                                                                                

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