Legislature(2001 - 2002)
04/24/2002 03:25 PM House L&C
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 277 - SELF-STORAGE FACILITY LIENS Number 0804 CHAIR MURKOWSKI announced that the final order of business would be HOUSE BILL NO. 277, "An Act relating to liens by owners of self-storage facilities; distinguishing self-storage facility liens from another type of storage lien; and excluding self- storage liens from the treatment of certain unclaimed property." CHAIR MURKOWSKI noted that the subcommittee did meet with the sponsor and a committee substitute (CS) was drafted and is before the committee. Number 0839 REPRESENTATIVE ROKEBERG moved that HB 277 be removed from subcommittee. There being no objection, it was so ordered. REPRESENTATIVE ROKEBERG moved to adopt the proposed CSHB 277, Version 22-LS0175\S, Bannister, 4/22/02, as the working document. There being no objection, Version S was before the committee. Number 0883 REPRESENTATIVE JOHN DAVIES, Alaska State Legislature, speaking as the sponsor HB 277, noted his appreciation for the work done by the [subcommittee]. Representative Davies announced is support of Version S. He noted that [Version S] tried to address Representative Kott's desire for there to be a good faith effort to determine the property value. Representative Davies related his belief that Version S is a good balance between the consumer interest and the commercial interest. CHAIR MURKOWSKI expressed concern regarding the cost that included the personnel and administrative costs. She recalled that the [costs] would include actual and documented costs of disposing of the property. However, on page 3, line 12, the language refers to "the actual documented costs, including personnel and administrative costs, of disposing of the property". She noted her preference of the language she had suggested, which read as follows: "the amount owed includes the cost, including actual and documented costs of disposing of the property". She mentioned her discomfort with leaving this language open-ended. REPRESENTATIVE DAVIES said that he didn't have any problem with deleting the language ", including personnel and administrative costs," on page 3, line 13. CHAIR MURKOWSKI said that addresses her concern. Number 1080 CHAIR MURKOWSKI moved that the committee adopt Amendment 1, as follows: Page 3, line 13, Delete ", including personnel and administrative costs," Page 3, line 29, Delete ", including personnel and administrative costs," There being no objection, Amendment 1 was adopted. Number 1124 REPRESENTATIVE ROKEBERG directed attention to the notice provisions on page 3, line 23. REPRESENTATIVE DAVIES explained that originally the language specified one notice of publication but Version S [requires] notice to be published two times within 14 consecutive days. REPRESENTATIVE ROKEBERG remarked that published notice is expensive. CHAIR MURKOWSKI inquired as to the notice requirements under the current statute. REPRESENTATIVE DAVIES replied that he didn't believe the current statutes were clear on the notice requirements. REPRESENTATIVE ROKEBERG asked if there is a general disposal of property statute that's being utilized. He expressed the need to balance the interests of the property owner with the operator. Representative Rokeberg recalled that normal legal notice is three times. REPRESENTATIVE DAVIES pointed out that published notice could be a documented cost that could be recovered. Number 1232 REPRESENTATIVE ROKEBERG recalled previous testimony from an auctioneer who was raising the estimated values. He asked if [that language] was eliminated or finessed. REPRESENTATIVE DAVIES specified that the aforementioned was handled by requiring a good faith effort to determine the value, which can be found on page 4, lines 9-13. Representative Davies pointed out that the improvement of lien doesn't actually [require] a publication notice but rather requires that there be notice of sale by registered letter to the individual to whom the article(s) belong and also by posting notice of sale in three public places in the recording district. Representative Davies also pointed out that the publication and posting requirements on page 3, Sec. 34.35.630 use "or" language. CHAIR MURKOWSKI highlighted that the legislation doesn't allow posting if there is a "newspaper of general circulation in the community where the self-storage facility is located". REPRESENTATIVE ROKEBERG related his view that this is a good piece of legislation. Number 1395 REPRESENTATIVE ROKEBERG moved to report CSHB 277, Version 22- LS0175\S, Bannister, 4/22/02, as amended out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 277(L&C) was reported from the House Labor and Commerce Standing Committee.
| Document Name | Date/Time | Subjects |
|---|