Legislature(1993 - 1994)
03/23/1993 09:33 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 112(JUD): An Act relating to the Uniform Commercial Code; amending Alaska Rules of Civil Procedure 8 and 82, and Alaska Rule of Evidence 402; and providing for an effective date. Co-chair Pearce announced that CSSB 112(JUD) was before the committee. SENATOR JAY KERTTULA, prime sponsor of SB 112, spoke in support of CSSB 112(JUD). He said that this legislation had been requested by the Supreme Court. He explained that it would bring the Uniform Commercial Code in Alaska up to date. He listed some of the changes contained in the bill. Co-chair Pearce asked Art Peterson, Attorney at Law, to give an overview of CSSB 112(JUD) and, by request of Senator Kelly, provide a brief explanation of the Uniform Commercial Code. ART PETERSON said he was appearing in his capacity as Uniform Law Commissioner for the state, and voiced his support of CSSB 112(JUD). He said the UCC was a compilation of all the commercial law in the country enacted by the states. It also serves as an international model. He said there have been some amendments to the articles in the last few decades. SENATOR STEVE RIEGER asked for an explanation of unconscionability on page 93. Mr. Peterson said that because of an existing law in Alaska, this section made it clear that the national version would be in effect, assuring predictability and less litigation. Discussion followed between Senator Rieger and Mr. Peterson regarding the determination of attorney's fees and unconscionability. In response to Senator Rieger, Mr. Peterson recommended that this section not be amended, but agreed to raise the question with the editorial board and develop an amendment for next year if appropriate. Senator Kerttula agreed that any change be proposed through the editorial board and incorporate it into a national amendment. Discussion followed between Senators Rieger and Frank regarding attorney's fees and how consistent those were across the nation. Mr. Peterson said that style changes were given a low priority but that the issue regarding attorney's fees was important. Mr. Peterson said that there was a great value to Alaska to have the uniformity of such laws, especially for Alaskans doing business outside of the state, or for individuals from other states doing business in Alaska. Senator Rieger MOVED for adoption of an amendment on page 93, line 20, after the word "known", to add the words "should have known." Mr. Peterson recommended that the amendment be withdrawn and the committee take Senator Kerttula's suggestion and contact Professor Miller, University of Oklahoma, Executive Director, The National Conference of Commissioners in Uniform State Laws, regarding this issue. Senator Rieger WITHDREW his amendment and asked Mr. Peterson to contact Prof. Miller for review of this issue by the editorial board. Senator Kerttula MOVED for passage of CSSB 112(JUD) from committee with individual recommendations. No objections being raised, it was REPORTED OUT of committee with a "do pass" and with zero fiscal notes for the Department Commerce & Economic Development, the Department of Law, and the Department of Natural Resources. Senators Kelly, Jacko and Kerttula signed "do pass." Senators Rieger, Sharp, and Co- chairs Pearce and Frank signed "no recommendation."
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