Legislature(2013 - 2014)HOUSE FINANCE 519
03/20/2014 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB305 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 305 | TELECONFERENCED | |
HOUSE FINANCE COMMITTEE
March 20, 2014
1:36 p.m.
1:36:25 PM
CALL TO ORDER
Co-Chair Stoltze called the House Finance Committee meeting
to order at 1:36 p.m.
MEMBERS PRESENT
Representative Alan Austerman, Co-Chair
Representative Bill Stoltze, Co-Chair
Representative Mark Neuman, Vice-Chair
Representative Mia Costello
Representative Bryce Edgmon
Representative Les Gara
Representative David Guttenberg
Representative Lindsey Holmes
Representative Cathy Munoz
Representative Steve Thompson
Representative Tammie Wilson
MEMBERS ABSENT
None
SUMMARY
HB 305 JUNK DEALER & METAL SCRAPPER LICENSING
CSHB 305(FIN) was REPORTED out of committee with
"no recommendation" and with one new zero fiscal
note from the Department of Revenue and one new
zero fiscal note from the Department of
Corrections.
HOUSE BILL NO. 305
"An Act repealing the requirement that a junk dealer
or metal scrapper obtain a license."
1:36:31 PM
Co-Chair Stoltze discussed that a CS for HB 305 had been
adopted in a previous meeting.
Representative Holmes MOVED to ADOPT Amendment 1:
Page 1, lines 1 - 2:
Delete "relating to the crime of criminal
mischief for removing metal from property;"
Page 3, line 17, through page 4, line 6:
Delete all material.
Renumber the following bill sections accordingly.
Page 4, lines 8-11:
Delete all material.
Renumber the following bill section accordingly.
Co-Chair Stoltze OBJECTED for discussion.
Representative Holmes explained the amendment. She referred
to prior discussion related to new criminal language
included in the legislation; the bill devised a new way to
charge criminal mischief in the third degree specific to
damaging property and metal theft. She noted that some
concern had been voiced by the Department of Law (DOL)
related to the language. She had consulted with DOL and
with Sergeant Pickerel at the Anchorage Police Department
(APD). Both entities had assured her that the items were
currently felonies and were charged as theft and criminal
mischief in the third degree; therefore, the related bill
section was unnecessary. Her office had checked with
utilities representatives, associated general contractors,
and scrap dealers; all parties agreed that the criminal
language was not needed. The amendment would delete the
criminal language and changed the bill title accordingly.
1:38:49 PM
Co-Chair Stoltze asked about the bill sponsor's desire
related to Amendment 1. Representative Holmes relayed that
she had checked with the sponsor's office.
Co-Chair Stoltze regarded the sponsor's nodding as
approval.
Representative Holmes relayed that the sponsor considered
the proposed change to be a friendly amendment.
Co-Chair Stoltze clarified that DOL and APD had made the
amendment suggestion. Representative Holmes responded that
the section had intended to help prosecute crimes. Sergeant
Pickerel worked closely on the types of crime listed in the
legislation. Her office had contacted the Anchorage chief
of police office and the mayor's office.
Co-Chair Stoltze WITHDREW his OBJECTION. There being NO
further OBJECTION, Amendment 1 was ADOPTED.
Co-Chair Stoltze discussed that the fiscal note would need
to be adjusted, but that it would remain a zero note.
1:41:47 PM
Vice-Chair Neuman pointed to page 2, and read from Section
7 of the bill:
(7) a description, including weight and quantity, of
the scrap metal purchased by the dealer; the scrap
metal dealer shall determine the weight by using a
scale that complies with the state standards of weight
and measure established under AS 47.75;
Vice-Chair Neuman assumed that the section would require
Department of Transportation and Public Facilities to
verify that all scales are accurate.
Co-Chair Stoltze assumed weights and measures was currently
located within DOT.
Vice-Chair Neuman expressed intent to work with the sponsor
to clarify several issues in the bill. He addressed page 3,
Section 8 pertaining to definitions. He spoke to the
inclusion of catalytic converter materials and surmised
that cars could fall under the description of junk metal.
He discussed that hauling old cars as a service to the
community would require them to be weighed and for
transaction records to be kept for five years. He recalled
visiting a scrap metal dealer in Dutch Harbor the prior
year; the family run business required significant work and
brought in small financial return. He thought the records
requirements were burdensome for some small businesses. He
understood and agreed with the bill's intent to thwart
theft. However, he had other issues with the bill that he
intended to continue to discuss with the sponsor.
Co-Chair Stoltze understood Vice-Chair Neuman's point.
1:44:38 PM
Representative Edgmon discussed that the City of Unalaska
had an ordinance to clean up scrap and junk material; a
year-round barge service allowed the community to ship the
materials out in bulk. He noted that the business mentioned
by Vice-Chair Neuman had done significant work. He wondered
if the bill's transaction requirements mentioned by Vice-
Chair Neuman would only apply to commercial transactions
and not to junked car or non-commercial transactions.
Co-Chair Stoltze noted that the bill referred to dealers
and people selling the scrap metal.
Representative Holmes was sensitive to concerns raised by
Vice-Chair Neuman; however, the bill did not require
records unless sales totaled $100 or more. She believed
that the scrapping of items for a small or zero sum was
exempt from the legislation.
Representative Thompson spoke to the legislature's ability
to locate a problem and overdo the solution. He opined that
the five-year record keeping was cumbersome to small
businesses. He wondered how large the problem was; he
pointed to backup material in members' packets showing many
cases where criminals had been caught. He supported the
bill, but he wished it had remained a one-line repealer. He
believed it went too far.
1:47:17 PM
Representative Costello MOVED to REPORT CSHB 305(FIN) out
of committee with individual recommendations and the
accompanying fiscal notes.
There being NO OBJECTION, CSHB 305(FIN) was REPORTED out of
committee with "no recommendation" and with one new zero
fiscal note from the Department of Revenue and one new zero
fiscal note from the Department of Corrections.
Co-Chair Stoltze the schedule for the following day.
ADJOURNMENT
1:48:52 PM
The meeting was adjourned at 1:48 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 305 CS Chugach Support.pdf |
HFIN 3/20/2014 1:30:00 PM |
HB 305 |
| HB 305 CS Amendment 1 Holmes P version.pdf |
HFIN 3/20/2014 1:30:00 PM |
HB 305 |