Legislature(1993 - 1994)
04/08/1993 02:05 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATOR TAYLOR introduced SB 168 (NEWSPAPER OF GENERAL CIRCULATION DEFINED) sponsored by the Senate State Affairs Committee, and indicated he was going to begin with testimony from the teleconference network on the work draft, CS FOR SENATE BILL NO. 168(JUD). He turned the teleconference network to Valdez to hear from STEVE MCHENRY, Editor of the VALDEZ VANGUARD. MR. MCHENRY said he didn't think the bill was needed, and it was getting into the realm of free press. On page 2 of the committee substitute, he referred to lines 10 through 12 which read ";and has a total paid circulation of at least 10 percent of the total population of the judicial district;" and he said "paid circulation" was not defined under the bill. As with the newspapers in both his area and in Homer with the HOMER NEWS, he explained many of the papers were purchased in outlets around town. He didn't want paid circulation to mean subscriptions only, since people bought more papers from vendors than with subscriptions in Valdez. He thought second class mailing permits should be required which forces newspapers to give a fair and accurate account of their circulation. SENATOR TAYLOR asked MR. MCHENRY if he published any notices on sales of execution in his paper. MR. MCHENRY said that he did get some state legal notices, but do not get city notices. He explained the other paper in town had the city contract. Number 164 SENATOR TAYLOR clarified he meant sales on execution on real property such as foreclosures, and MR. MCHENRY said he didn't get those. SENATOR TAYLOR explained that Section 1. AS 09.35.140 deals exclusively with executions on sales of property, and MR. MCHENRY said those notices were printed in the ALASKA DAILY NEWS and the ALASKA JOURNAL OF COMMERCE out of Anchorage. He didn't ever recall seeing that particular notice in the VALDEZ VANGUARD. Also in Valdez, SENATOR TAYLOR called on PATRICK LYNN. MR. LYNN said he was totally opposed to the original bill, and he explained he had written letters to the sponsor, as well as other senators, protesting. He also explained how the legislation would have a negative impact on every weekly newspaper in the State of Alaska and would discourage new newspapers from starting. MR. LYNN said Valdez has two newspapers, and noted he had started the second newspaper in town. He explained his three-year process to become a paid circulation newspaper. He said the BARROW WHALER was going through the same process to establish a newspaper there, and he explained how the bill would discourage those kinds of endeavors. He listed the reasons why he thought the bill was unfair to business. MR. LYNN described a letter he had received from ROBERT GOULD, owner of the ALASKA JOURNAL OF COMMERCE, offering to amend the bill to make it apply to foreclosure and default notices only if he would retract his objections. He quoted his answer to MR. GOULD, which would effect a compromise on the notices, and suggested he was in a difficult position on the bill today. MR. LYNN thought the bill had no value except to settle a squabble between the ANCHORAGE DAILY NEWS and the ALASKA JOURNAL OF COMMERCE. He explained how the bill had affected the relationship between STEVE MCHENRY and himself, and how it would damage or exclude competition among the smaller newspapers, which he named. Number 235 SENATOR TAYLOR next turned the teleconference network to Anchorage to hear testimony from MR. GOULD. Number 289 MR. GOULD clarified he was testifying from the correct committee substitute and stated the legislation would only amend Title 9, which speaks to default sales. He said the issue was to promote competition and would only limit the competition to the exclusive area of default sale notices. He discussed the comfort level of the other newspapers, the need for specificity in the statutes to define applicable language to default notices printed in a newspaper of general circulation or of general interest, and he reviewed the changes in the committee substitute from the original bill. He defended the passage in the bill that was disputed by MR. MCHENRY as to the paid circulation being 10% of the total population, but he suggested this could be changed. SENATOR TAYLOR introduced VIRGINIA RAGLE, Asst. Attorney General from the Department of Law, to testify. MS. RAGLE explained she had been asked to review the original bill to identify any problems that might be identified by state agencies, to which the Department of Law provides advice. Her comments are confined to the original bill. Number 339 MS. RAGLE explained in her research she found 80 statutes which refer to newspapers of general circulation, and she reviewed the various kinds of notices that were required by state agencies, municipalities, corporations, partnerships, and individuals. She thought in reviewing the publication notice procedures for all of the statutes, the legislators would find some unintended results. She questioned the need for a definition of "newspaper of general circulation," since there has been no significant litigation calling into question the validity of notices that has been provided in accordance with the 80 statutes. MS. RAGLE recommended the bill be narrowly drafted to identify and solve on-going problems. In regards to the committee substitute, she advised the ALASKA JOURNAL OF COMMERCE did not meet the membership of 10% of the total population of the Third Judicial District. SENATOR HALFORD moved to adopt CS FOR SENATE BILL NO. 168(JUD) with unanimous consent. Without objections, so ordered. SENATOR TAYLOR indicated he would hold the bill for another hearing.
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