Legislature(1997 - 1998)

03/09/1998 03:22 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
    HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                
                   March 9, 1998                                               
                     3:22 p.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Norman Rokeberg, Chairman                                       
Representative John Cowdery, Vice Chairman                                     
Representative Bill Hudson                                                     
Representative Jerry Sanders                                                   
Representative Joe Ryan                                                        
Representative Tom Brice                                                       
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative Gene Kubina                                                     
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SENATE BILL NO. 122                                                            
"An Act relating to unfair discrimination under a group health                 
insurance policy for services provided by marital and family                   
therapists; and providing for an effective date."                              
                                                                               
     - MOVED HCS SB 122(STA) OUT OF COMMITTEE                                  
                                                                               
HOUSE BILL NO. 392                                                             
"An Act relating to access by the Department of Environmental                  
Conservation and the Department of Fish and Game to confidential               
tax records for fisheries resources prepared or kept by the                    
Department of Revenue under AS 43.75; relating to certain salmon               
products reports; and providing for an effective date."                        
                                                                               
     - MOVED CSHB 392(L&C) OUT OF COMMITTEE                                    
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 142                                      
"An Act relating to the sale or transfer of new or used motor                  
vehicles; relating to the confidentiality of certain information               
related to attorney general investigations of unlawful trade                   
practices and antitrust activities; establishing additional                    
unlawful trade practices; relating to the exemptions from                      
telephonic solicitation regulation; regulating the sale of business            
opportunities; amending Rules 4 and 73, Alaska Rules of Civil                  
Procedure; and providing for an effective date."                               
                                                                               
     - FAILED TO MOVE CSSSHB 142(L&C)                                          
                                                                               
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: SB 122                                                                   
SHORT TITLE: INS.COVERAGE:MARRIAGE & FAMILY THERAPIST                          
SPONSOR(S): LABOR & COMMERCE BY REQUEST                                        
                                                                               
Jrn-Date    Jrn-Page           Action                                          
03/06/97       597     (S)  READ THE FIRST TIME - REFERRAL(S)                  
03/06/97       597     (S)  L&C, HES                                           
04/08/97               (S)  L&C AT  1:30 PM FAHRENKAMP RM 203                  
04/08/97               (S)  MINUTE(L&C)                                        
04/09/97      1049     (S)  L&C RPT  CS  1DP 3NR      SAME TITLE               
04/09/97      1049     (S)  DP: LEMAN; NR: KELLY, MACKIE, MILLER               
04/09/97      1049     (S)  ZERO FN TO SB & CS (DCED)                          
04/16/97               (S)  HES AT  9:00 AM BUTROVICH ROOM 205                 
04/16/97               (S)  MINUTE(HES)                                        
04/16/97      1164     (S)  HES RPT  3DP 2NR (L&C)CS                           
04/16/97      1164     (S)  DP: WARD, LEMAN, ELLIS; NR: GREEN,                 
                            WILKEN                                             
04/16/97      1164     (S)  PREVIOUS ZERO FN (DCED)                            
04/21/97               (S)  RLS AT 10:45 AM FAHRENKAMP RM 203                  
04/21/97               (S)  MINUTE(RLS)                                        
04/21/97      1331     (S)  RULES TO CALENDAR  4/21/97                         
04/21/97      1344     (S)  READ THE SECOND TIME                               
04/21/97      1344     (S)  L&C  CS ADOPTED Y15 N4 E1                          
04/21/97      1344     (S)  ADVANCED TO THIRD READING  UNAN                    
                            CONSENT                                            
04/21/97      1344     (S)  READ THE THIRD TIME  CSSB 122(L&C)                 
04/21/97      1345     (S)  PASSED Y13 N6 E1                                   
04/21/97      1345     (S)  EFFECTIVE DATE PASSED Y15 N4 E1                    
04/21/97      1345     (S)  DUNCAN  NOTICE OF RECONSIDERATION                  
04/22/97      1420     (S)  RECON TAKEN UP - IN THIRD READING                  
04/22/97      1420     (S)  PLACED AT BOTTOM OF CALENDAR                       
04/22/97      1429     (S)  HELD ON RECONSIDERATION TO 4/23                    
                            CALENDAR                                           
04/23/97      1452     (S)  BEFORE THE SENATE ON RECONSIDERATION               
04/23/97      1452     (S)  RETURN TO RLS  COMMITTEE                           
05/08/97               (S)  RLS AT  8:25 PM FAHRENKAMP RM 203                  
05/08/97               (S)  MINUTE(RLS)                                        
05/09/97      1891     (S)  RULES TO CAL ON RECONSIDERATION IN                 
                            3RD                                                
05/09/97      1923     (S)  IN THIRD READING ON RECONSIDERATION                
05/09/97      1923     (S)  RTN 2ND RESCIND PREVIOUS ACTION UAN                
                            CON                                                
05/09/97      1924     (S)  RESCINDED ADOPTING L&C CS Y13 N6 E1                
05/09/97      1924     (S)  FAILED TO ADOPT L&C  CS Y4 N15 E1                  
05/09/97      1924     (S)  AUTOMATICALLY IN THIRD READING SB 122              
05/09/97      1925     (S)  LETTER OF INTENT FAILED  Y7 N12 E1                 
05/09/97      1926     (S)  PASSED ON RECONSIDERATION Y15 N4 E1                
05/09/97      1926     (S)  EFFECTIVE DATE(S) SAME AS PASSAGE                  
05/09/97      1932     (S)  TRANSMITTED TO (H)                                 
05/09/97      1786     (H)  READ THE FIRST TIME - REFERRAL(S)                  
05/09/97      1786     (H)  STATE AFFAIRS, L&C, WTR                            
02/19/98               (H)  STA AT  9:05 AM CAPITOL 102                        
02/19/98               (H)  MINUTE(STA)                                        
02/23/98      2403     (H)  STA RPT HCS(STA) 4DP 2NR                           
02/23/98      2403     (H)  DP: JAMES, ELTON, BERKOWITZ, DYSON;                
02/23/98      2403     (H)  NR:  IVAN, HODGINS                                 
02/23/98      2403     (H)  ZERO FISCAL NOTE (DCED)                            
03/02/98               (H)  L&C AT  3:15 PM CAPITOL 17                         
03/02/98               (H)  MINUTE(L&C)                                        
03/09/98               (H)  L&C AT  3:15 PM CAPITOL 17                         
                                                                               
BILL: HB 392                                                                   
SHORT TITLE: REPORTS: FISH TAX & SALMON PRODUCTS                               
SPONSOR(S): REPRESENTATIVES(S) AUSTERMAN, Hudson                               
                                                                               
Jrn-Date    Jrn-Page           Action                                          
02/11/98      2280     (H)  READ THE FIRST TIME - REFERRAL(S)                  
02/11/98      2280     (H)  LABOR & COMMERCE                                   
02/18/98               (H)  L&C AT  3:15 PM CAPITOL 17                         
02/18/98               (H)  MINUTE(L&C)                                        
03/09/98               (H)  L&C AT  3:15 PM CAPITOL 17                         
                                                                               
BILL: HB 142                                                                   
SHORT TITLE: BUSINESS PRACTICE REGULATIONS                                     
SPONSOR(S): REPRESENTATIVES(S) DAVIS, Croft                                    
                                                                               
Jrn-Date    Jrn-Page           Action                                          
02/17/97       374     (H)  READ THE FIRST TIME - REFERRAL(S)                  
02/17/97       374     (H)  L&C, JUDICIARY                                     
02/19/97       408     (H)  COSPONSOR(S): CROFT                                
04/08/97      1025     (H)  SPONSOR SUBSTITUTE INTRODUCED -                    
                            REFERRALS                                          
04/08/97      1025     (H)  LABOR & COMMERCE, JUDICIARY                        
05/02/97               (H)  L&C AT  3:15 PM CAPITOL 17                         
05/02/97               (H)  MINUTE(L&C)                                        
05/05/97               (H)  L&C AT  3:15 PM CAPITOL 17                         
05/05/97               (H)  MINUTE(L&C)                                        
10/15/97               (H)  L&C AT  1:00 PM ANCHORAGE LIO                      
10/15/97               (H)  MINUTE(L&C)                                        
10/20/97               (H)  L&C AT  1:00 PM ANCHORAGE LIO                      
10/20/97               (H)  MINUTE(L&C)                                        
02/04/98               (H)  L&C AT  3:15 PM CAPITOL 17                         
02/04/98               (H)  MINUTE(L&C)                                        
03/09/98               (H)  L&C AT  3:15 PM CAPITOL 17                         
                                                                               
WITNESS REGISTER                                                               
                                                                               
DIXIE HOOD, Board Member                                                       
Marital and Family Therapy Board;                                              
licensed marital and family therapist                                          
222 Seward Street, Suite 210                                                   
Juneau, Alaska 99801                                                           
Telephone:  (907) 586-2200                                                     
POSITION STATEMENT:  Provided additional information on SB 122.                
                                                                               
PAT CLASBY, licensed marital and family therapist                              
211 Fourth Street, Suite 114                                                   
Juneau, Alaska 99801                                                           
Telephone:  (907) 463-6753                                                     
POSITION STATEMENT:  Provided additional information on SB 122                 
                     representing the Alaska Association for                   
                     Marriage and Family Therapists.                           
                                                                               
LARANE DERR                                                                    
Alaska State Hospital and Nursing Home Association                             
319 Seward Street, Suite 11                                                    
Juneau, Alaska 99801                                                           
Telephone:  (907) 586-1790                                                     
POSITION STATEMENT:  Testified in support of HCS SB 122(STA).                  
                                                                               
ANNETTE KREITZER, Legislative Assistant                                        
   to Senator Loren Leman                                                      
Alaska State Legislature                                                       
Capitol Building, Room 113                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-3844                                                     
POSITION STATEMENT:  Answered question on SB 122.                              
                                                                               
SHIRLEY ARMSTRONG, Legislative Assistant                                       
   to Chairman Rokeberg                                                        
Alaska State Legislature                                                       
Capitol Building, Room 24                                                      
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-4954                                                     
POSITION STATEMENT:  Provided information on SB 122; explained                 
                     proposed CS for SSHB 142.                                 
                                                                               
REPRESENTATIVE ALAN AUSTERMAN                                                  
Alaska State Legislature                                                       
Capitol Building, Room 434                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-2487                                                     
POSITION STATEMENT:  Sponsor of HB 392.                                        
                                                                               
PAUL DICK, Revenue Audit Supervisor I                                          
Income and Excise Audit Division                                               
Department of Revenue                                                          
P.O. Box 110420                                                                
Juneau, Alaska 99811-0420                                                      
Telephone:  (907) 465-3691                                                     
POSITION STATEMENT:  Answered questions on HB 392.                             
                                                                               
RICK LAUBER, Lobbyist                                                          
   for Pacific Seafood Processors Association                                  
321 Highland Drive                                                             
Juneau, Alaska 99801                                                           
Telephone:  (907) 586-6366                                                     
POSITION STATEMENT:  Testified on HB 392.                                      
                                                                               
DEB DAVIDSON, Legislative Administrative Assistant                             
   to Representative Gary Davis                                                
Alaska State Legislature                                                       
Capitol Building, Room 513                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-2693                                                     
POSITION STATEMENT:  Testified on SSHB 142.                                    
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-28, SIDE A                                                             
Number 0001                                                                    
                                                                               
CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce                   
Standing Committee meeting to order at 3:22 p.m.  Members present              
at the call to order were Representatives Rokeberg, Cowdery,                   
Hudson, Sanders and Brice.  Representative Ryan arrived at 3:34                
p.m.                                                                           
                                                                               
SB 122 - INS.COVERAGE:MARRIAGE & FAMILY THERAPIST                              
                                                                               
Number 0046                                                                    
                                                                               
CHAIRMAN ROKEBERG announced the committee's first order of business            
would be SB 122, "An Act relating to unfair discrimination under a             
group health insurance policy for services provided by marital and             
family therapists; and providing for an effective date."  He                   
requested only new testimony on SB 122, stating it was his                     
intention to move the bill out of committee.                                   
                                                                               
Number 0088                                                                    
                                                                               
DIXIE HOOD, Board Member, Marital and Family Therapy Board;                    
licensed marital and family therapist, came forward to testify.                
She commented she had made some clarifying notations on the                    
insurance company denial form she submitted at the March 2, 1998,              
hearing, in response to questions raised.                                      
                                                                               
Number 0126                                                                    
                                                                               
CHAIRMAN ROKEBERG directed the committee's to the additional                   
information the March 9 memorandum.                                            
                                                                               
Number 0169                                                                    
                                                                               
PAT CLASBY, licensed marital and family therapist, came forward to             
testify.  She stated she represented the Alaska Association for                
Marriage and Family Therapists.  She referred to two questions                 
posed at the previous hearing:  1) what insurance companies do                 
cover marital and family therapists, 2) what insurance companies do            
not.  She noted they have done a very informal survey on some of               
the private practitioners in the Anchorage area, speaking with                 
their billing clerks.  She noted this information was not complete,            
but thought it might give the committee a better understanding of              
the actual practice.                                                           
                                                                               
Number 0230                                                                    
                                                                               
LARANE DERR, Alaska State Hospital and Nursing Home Association                
(ASHNHA), came forward to testify.  She stated the ASHNHA supports             
the current version of SB 122 before the committee, noting the bill            
has been amended and unamended.                                                
                                                                               
Number 0269                                                                    
                                                                               
CHAIRMAN ROKEBERG confirmed the unamended version was currently                
before the committee.  He asked Ms. Kreitzer if it was correct that            
the Senate wished the bill to be moved as it is.                               
                                                                               
ANNETTE KREITZER, Legislative Assistant to Senator Loren Leman,                
answered in the affirmative                                                    
                                                                               
Number 0321                                                                    
                                                                               
REPRESENTATIVE TOM BRICE made a motion to move HCS SB 122(STA) with            
individual recommendations and zero fiscal note.                               
                                                                               
Number 0340                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if there were any objections.                          
                                                                               
Number 0347                                                                    
                                                                               
REPRESENTATIVE BILL HUDSON objected for discussion purposes.  He               
confirmed this was Version K of SB 122.                                        
                                                                               
REPRESENTATIVE BRICE noted that was his understanding.                         
                                                                               
SHIRLEY ARMSTRONG, Legislative Assistant to Representative Norman              
Rokeberg, stated this was the version that came through.                       
                                                                               
REPRESENTATIVE HUDSON removed his objection.                                   
                                                                               
Number 0365                                                                    
                                                                               
CHAIRMAN ROKEBERG stated, there being no objections, HCS SB
122(STA) was so moved.                                                         
                                                                               
HB 392 - REPORTS: FISH TAX & SALMON PRODUCTS                                   
                                                                               
Number 0385                                                                    
                                                                               
CHAIRMAN ROKEBERG stated the committee's next item of business was             
HB 392, "An Act relating to access by the Department of                        
Environmental Conservation and the Department of Fish and Game to              
confidential tax records for fisheries resources prepared or kept              
by the Department of Revenue under AS 43.75; relating to certain               
salmon products reports; and providing for an effective date."                 
                                                                               
Number 0457                                                                    
                                                                               
CHAIRMAN ROKEBERG called a brief at ease at 3:26 p.m.  The                     
committee came back to order at 3:28 p.m.                                      
                                                                               
Number 0463                                                                    
                                                                               
REPRESENTATIVE HUDSON moved Version K of HB 392, labeled 0-                    
LS1423\K, Bannister, dated 2/26/98, for discussion purposes.                   
                                                                               
Number 0482                                                                    
                                                                               
CHAIRMAN ROKEBERG stated, there being no objections, the proposed              
CS was before the committee.                                                   
                                                                               
Number 0493                                                                    
                                                                               
REPRESENTATIVE ALAN AUSTERMAN came forward as the sponsor of HB
392.  He noted there had been a couple of small changes and one                
major change since the committee's previous hearing on HB 392.  The            
major change was the deletion of the audit provision.                          
Representative Austerman said there had been the issue of requiring            
an audit and having the negotiation agency come in and ask for an              
audit.  He said they found that the harvesters had never really                
requested an audit.  In his discussions with the Department of                 
Revenue (DOR) he was told that DOR had the broad authority to do               
audits but had never been requested to do one.  Representative                 
Austerman noted there was the question as to who would pay for the             
audit if one was requested, but they decided it was best to remove             
the entire provision and advise the harvesters to request an audit.            
He said that then if the harvesters had problems, those problems               
could be identified, and it could be brought back at a later date.             
Representative Austerman noted the exemption of the very small                 
processors, in the 240,000 pounds or less category, from the                   
reporting requirements.  He said they did not really feel it was               
necessary for these processors to be involved in the reporting                 
requirements so that 240,000 pound cap was inserted.  He noted they            
had discussed this a little bit with DOR.  Representative Austerman            
said the harvesters, processors and DOR all agreed that was                    
probably a good thing.                                                         
                                                                               
Number 0643                                                                    
                                                                               
CHAIRMAN ROKEBERG questioned if that had been the amendment before             
the committee at the previous hearing on HB 392.                               
                                                                               
REPRESENTATIVE AUSTERMAN responded in the affirmative, stating that            
was part of the amendment before the committee last time and was               
incorporated into Version K.                                                   
                                                                               
Number 0650                                                                    
                                                                               
CHAIRMAN ROKEBERG referred to Section 3, page 2, where he said it              
provides, "The commissioner shall, upon request, furnish the                   
Department of Environmental Conservation or the Department of Fish             
and Game copies of tax returns" and he asked Representative                    
Austerman to explain the rationale behind that.                                
                                                                               
Number 0671                                                                    
                                                                               
REPRESENTATIVE AUSTERMAN stated he thought that was part of the                
attempt to consolidate the collection of basically the same                    
information from the processors by three agencies.  He said the                
processors would report to DOR, and DOR would then furnish                     
information to the other departments if it was requested, noting               
the departments were currently receiving that information.                     
                                                                               
Number 0708                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if there was someone present from the                  
Administration to answer questions and said, "It says 'copies of               
the tax returns' -- if they're getting the information, is it the              
entire tax return that they need to provided 'em with ...?"                    
                                                                               
Number 0735                                                                    
                                                                               
PAUL DICK, Revenue Audit Supervisor I, Income and Excise Audit                 
Division, Department of Revenue, came forward.  He said DOR                    
collects fishery business taxes and licenses fishery businesses.               
                                                                               
Number 0746                                                                    
                                                                               
CHAIRMAN ROKEBERG referred to the nature of the information                    
mentioned in Section 3 and the necessity for the Department of Fish            
and Game (ADF&G) and the Department of Environmental Conservation              
(DEC) to have that information.                                                
                                                                               
Number 0757                                                                    
                                                                               
MR. DICK stated, as he noted Representative Austerman had said,                
that they were trying to consolidate the information so the fishery            
businesses would only have to report once to the state, commenting             
that currently the businesses are reporting basically the same                 
information to three agencies.  Mr. Dick said this "falls on the               
heels" of the already implemented consolidated licensing process,              
which was possible because licensing is public information.  Mr.               
Dick indicated DOR would receive the information in the proposed               
consolidation, and then share it with the other two agencies                   
because the tax information is confidential.                                   
                                                                               
Number 0814                                                                    
                                                                               
CHAIRMAN ROKEBERG asked specifically what information were these               
departments looking for, noting it was certainly not the                       
businesses' entire tax return.                                                 
                                                                               
Number 0826                                                                    
                                                                               
MR. DICK stated that ADF&G currently collects value and poundage               
information.  He said DOR also collects this information and goes              
a step further by having the businesses multiply their value by a              
percentage to calculate the businesses' tax liability.  Mr. Dick               
said the point would be to have the fishery businesses only report             
the information to DOR.  He said because DOR's information is                  
confidential and the department currently does not have                        
authorization in statute to share that information with ADF&G and              
DEC, the businesses must report this information to each of the                
individual agencies.                                                           
                                                                               
Number 0872                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if DOR couldn't just give the other                    
agencies the specific information they were looking for and not the            
business's whole tax return.                                                   
                                                                               
Number 0880                                                                    
                                                                               
MR. DICK stated DOR could not under the current provisions of AS               
43.05.230, its disclosure statute, which currently prohibits DOR               
from sharing that information with those departments.  He noted                
there was a provision in AS 43.05.230 which specifically allowed               
DOR to share mining tax information with the Department of Natural             
Resources (DNR), and that is currently being done.  He said DOR is             
looking for that kind of authorization to extend to ADF&G and DEC.             
                                                                               
Number 0916                                                                    
                                                                               
REPRESENTATIVE AUSTERMAN referred to page 2, lines 24 through 27,              
"The Department of Environmental Conservation and the Department of            
Fish and Game shall maintain the confidentiality that the                      
Department of Revenue is required to extend to the returns,                    
reports, determinations, work papers, and other documents furnished            
under this subsection.", indicating he thought it explained that               
the confidentiality had to be maintained.                                      
                                                                               
Number 0924                                                                    
                                                                               
CHAIRMAN ROKEBERG said he appreciated needing the authority to make            
a single report, noting he didn't see anything being repealed here             
and asked if the reporting requirements to DEC and ADF&G were                  
currently in regulation.                                                       
                                                                               
Number 0945                                                                    
                                                                               
MR. DICK said he believed those were statutory requirements for                
those agencies.  He said ADF&G has its commercial operator annual              
report which he believed was a statutory provision, and he said DEC            
collects summary-type information from the fishery businesses.  Mr.            
Dick noted that summary information was what DOR would share with              
DEC.                                                                           
                                                                               
Number 0979                                                                    
                                                                               
CHAIRMAN ROKEBERG stated it said "copies of the tax returns,                   
reports, or other documents filed under [AS] 43. ..."  He asked                
what AS 43.75 was.                                                             
                                                                               
Number 0992                                                                    
                                                                               
MR. DICK replied that was the fishery business tax.                            
                                                                               
Number 0998                                                                    
                                                                               
CHAIRMAN ROKEBERG asked, "Couldn't this be drafted in such a manner            
as that they would file their tax returns with your department and             
then you, in turn, would only give that information from their tax             
returns that these particular departments needed, rather than their            
entire tax return?"                                                            
                                                                               
Number 1017                                                                    
                                                                               
MR. DICK said that was unfortunately not the case; under AS                    
43.05.230 all information on the tax return is considered                      
confidential, so if anybody were to request only certain parts of              
the information on any tax return, DOR could not disclose that                 
information.  He noted this was not just for the fishery business              
tax but for any tax return received through DOR.                               
                                                                               
Number 1047                                                                    
                                                                               
CHAIRMAN ROKEBERG stated that was not his question.  He asked, "Why            
can't you just provide that part of the information which the DEC              
and fish and game wants ... without sending the entire tax return?"            
                                                                               
Number 1062                                                                    
                                                                               
REPRESENTATIVE HUDSON stated he was looking at AS 43.75 which he               
said was pretty inclusive, and he asked if they weren't really                 
talking about the fisheries business tax when they were talking                
about tax returns.                                                             
                                                                               
Number 1079                                                                    
                                                                               
MR. DICK responded in the affirmative.                                         
                                                                               
Number 1083                                                                    
                                                                               
REPRESENTATIVE HUDSON suggested they specify AS 43.75.015 which                
would only refer, then, to the fisheries business tax.                         
Representative Hudson said he thought he understood the Chairman's             
concern about releasing full tax returns, which was pretty                     
comprehensive, and stated, " But if we were to relate that 'other              
documents filed under 43.75.015,' which would just apply then to               
the fisheries business tax, which is, I think Mr. Chairman, is what            
they're trying to get to ....  If that would be pertinent, I think             
that would be a reasonable amendment."                                         
                                                                               
Number 1118                                                                    
                                                                               
CHAIRMAN ROKEBERG asked Mr. Dick if that would be possible.                    
                                                                               
Number 1122                                                                    
                                                                               
MR. DICK said then, as he understood it, line 24 would be amended              
to specify AS 43.75.015.                                                       
                                                                               
Number 1136                                                                    
                                                                               
CHAIRMAN ROKEBERG said they would go up to line 21, stating, "You              
wouldn't furnish them with the copies of the tax return.  You would            
furnish them with the reports required under 43.75, is that right              
Representative Hudson?"                                                        
                                                                               
Number 1143                                                                    
                                                                               
REPRESENTATIVE HUDSON replied that it would be the tax returns and             
reports required under AS 43.75.015 only, noting that he thought it            
was a separate business tax filing.                                            
                                                                               
Number 1158                                                                    
                                                                               
MR. DICK stated that under AS 43.75.015 the DOR just collected tax             
returns, it did not collect reports like the current canned salmon             
reports.  The information DOR was receiving under AS 43.75.015 was             
the tax return.                                                                
                                                                               
Number 1173                                                                    
                                                                               
CHAIRMAN ROKEBERG said possibly one of the sources of his confusion            
has been what tax return they were talking about, noting it was                
only the fishery tax return, not corporate or business tax returns.            
                                                                               
Number 1190                                                                    
                                                                               
MR. DICK stated that was correct, the businesses' corporate tax                
return would fall under AS 43.20 and other tax returns fall under              
other chapters of Title 43.                                                    
                                                                               
Number 1199                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if this particular tax return was a one-               
page document.                                                                 
                                                                               
Number 1205                                                                    
                                                                               
MR. DICK replied it was probably a ten-page tax return because DOR             
collects a lot of information by species, pounds and value, which,             
he added, is also what ADF&G collects.                                         
                                                                               
Number 1219                                                                    
                                                                               
CHAIRMAN ROKEBERG asked what DEC's interest was in this                        
information.                                                                   
                                                                               
Number 1229                                                                    
                                                                               
MR. DICK noted DEC would like to base its license fees on the                  
processors' actual activity.                                                   
                                                                               
Number 1235                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if DEC had a license fee for fishing.                  
                                                                               
Number 1243                                                                    
                                                                               
MR. DICK replied in the affirmative.  He indicated every fishery               
business has to be licensed with DEC to meet certain water and air             
quality standards, and indicated other aspects of fishery business             
were also regulated by DEC.                                                    
                                                                               
REPRESENTATIVE AUSTERMAN commented he thought DEC's license fee was            
up to approximately $1,200.                                                    
                                                                               
Number 1259                                                                    
                                                                               
There was a brief discussion which clarified that DEC licensed the             
fish processors, and that the tax returns in question were from the            
processors, not the fishermen.                                                 
                                                                               
Number 1289                                                                    
                                                                               
REPRESENTATIVE JOE RYAN said he, too, had an interest in the                   
discussion involving the role of DEC.  He asked if this would add              
to DEC's role as far as oversight was concerned, giving DEC more               
power than it currently has.                                                   
                                                                               
MR. DICK responded he did not believe so.                                      
                                                                               
Number 1324                                                                    
                                                                               
REPRESENTATIVE AUSTERMAN said DEC already has the authority to                 
collect that report, and the attempt was being made to concentrate             
it into one reporting form so the processors do not have to report             
to three different agencies.  He said those other two agencies                 
would then be able to obtain that information from DOR.                        
                                                                               
Number 1341                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if the drafter had examined the other                  
statutes, noting he did not see a repealer.                                    
                                                                               
Number 1346                                                                    
                                                                               
REPRESENTATIVE AUSTERMAN stated he had made a note to look that up.            
                                                                               
Number 1351                                                                    
                                                                               
CHAIRMAN ROKEBERG commented it was nice to take laws away when they            
add them, particularly if an attempt was being made to consolidate             
something.                                                                     
                                                                               
REPRESENTATIVE AUSTERMAN noted if he found that those statutes                 
could be repealed because of this, they would introduce it on the              
Senate side and get it done.                                                   
                                                                               
Number 1362                                                                    
                                                                               
REPRESENTATIVE RYAN commented on the zero fiscal note.  He said his            
experience in the last two years has been that when the                        
Administration wants to do something, it has zero fiscal notes, and            
when they want to do something, they get piled with all kinds of               
money, and he was just wondering how they were going to keep track             
of these extra reports and so forth without additional                         
expenditures.                                                                  
                                                                               
Number 1388                                                                    
                                                                               
CHAIRMAN ROKEBERG indicated he thought the sponsor said the reports            
were already required, so he assumed there would be no fiscal                  
impact.                                                                        
                                                                               
Number 1398                                                                    
                                                                               
REPRESENTATIVE HUDSON noted the committee had not had a formal                 
discussion on AS 43.75.015.  He asked if the Chairman would                    
consider an amendment on page 2, line 22, after "43.75" add ".015"             
which, Representative Hudson said, would isolate it to the                     
fisheries business tax, and all reference above that then would                
only relate to the fisheries business tax.  He stated he believed              
there were other enhancement taxes in AS 43.75.                                
                                                                               
Number 1452                                                                    
                                                                               
CHAIRMAN ROKEBERG added that there was also a reference to it in               
line 24.                                                                       
                                                                               
Number 1457                                                                    
                                                                               
REPRESENTATIVE AUSTERMAN said he didn't really see a problem with              
inserting that.                                                                
                                                                               
REPRESENTATIVE HUDSON stated he would insert it in both places.                
The amended language would read:                                               
                                                                               
     The commissioner shall, upon request, furnish to the                      
     Department of Environmental Conservation or the                           
     Department of Fish and Game copies of tax returns,                        
     reports, or other documents filed under AS 43.75.015, and                 
     copies of the Department of Revenue's determinations and                  
     work papers related to those documents filed under AS                     
     43.75.015.                                                                
                                                                               
REPRESENTATIVE HUDSON asked if the bill went to the House Finance              
Standing Committee next.                                                       
                                                                               
CHAIRMAN ROKEBERG responded he believed this was the only committee            
of referral.                                                                   
                                                                               
Number 1469                                                                    
                                                                               
REPRESENTATIVE BRICE stated that the suggestion might be to alter              
the language so that it read, "The commissioner shall, upon                    
request, furnish to the Department of Environmental Conservation or            
the Department of Fish and Game copies of documents filed under AS             
43.75.015, and copies of the Department of Revenue's determinations            
and work papers related to those documents." given that only one               
tax, AS 43.75.015, was being referenced there.  He commented on the            
language "copies of documents filed under AS 43.75.015", asking if             
that was the information they wanted.                                          
                                                                               
CHAIRMAN ROKEBERG replied that was correct.                                    
                                                                               
Number 1533                                                                    
                                                                               
REPRESENTATIVE HUDSON said it was all a matter of semantics, the               
two suggestions did the same thing.  He stated, "I would say                   
conceptual, Mr. Chairman, that we adopt '015' after '43.75' in the             
two locations and then if ..."                                                 
                                                                               
Number 1552                                                                    
                                                                               
CHAIRMAN ROKEBERG asked Representative Brice to make a formal                  
motion on his suggested language.                                              
                                                                               
Number 1558                                                                    
                                                                               
REPRESENTATIVE BRICE moved that they delete on page 2, line 21,                
"tax returns", on line 22, "reports, or other", and then add on                
line 22, "43.75.015", and then leave it to the discretion of the               
committee whether they wanted to add "015" on line 24 after AS                 
43.75.                                                                         
                                                                               
Number 1599                                                                    
                                                                               
CHAIRMAN ROKEBERG said he thought those were separate things,                  
noting those were the work papers.  He asked Mr. Dick to speak                 
about the work paper requirement.                                              
                                                                               
Number 1606                                                                    
                                                                               
MR. DICK replied he believed that was addressing the situation                 
where DOR has an examination or audit and DOR goes out and finds               
additional value or poundage related to the tax return.                        
                                                                               
Number 1618                                                                    
                                                                               
CHAIRMAN ROKEBERG said, "So like if there was an error in the                  
return and you went and got further ...  So we prefer to see that              
language remain in there ...."  Chairman Rokeberg said he would                
like to add ".015" on line 24 to the amendment.  He stated the                 
amended section would then read:                                               
                                                                               
     (i) The commissioner shall, upon request, furnish to the                  
     Department of Environmental Conservation or the                           
     Department of Fish and Game copies of documents filed                     
     under AS 43.75.015, and copies of the Department of                       
     Revenue's determinations and working papers related to                    
     those documents filed under AS 43.75.015. [NOTE:                          
     previous language contained "work papers"]                                
                                                                               
Number 1658                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if there were any objections to the                    
amendment.  There being none, he stated the amendment was adopted.             
                                                                               
Number 1677                                                                    
                                                                               
REPRESENTATIVE RYAN asked, regarding the work papers, et cetera,               
were they talking about DOR materials, or the materials of the                 
person who submitted the return.                                               
                                                                               
Number 1680                                                                    
                                                                               
MR. DICK stated that would be the DOR's work papers.                           
                                                                               
Number 1687                                                                    
                                                                               
REPRESENTATIVE RYAN noted the materials of the person submitting               
the return are not usually seen until a court subpoenas or orders              
them.                                                                          
                                                                               
Number 1697                                                                    
                                                                               
CHAIRMAN ROKEBERG asked Mr. Lauber if these fixes made him feel any            
better.                                                                        
                                                                               
Number 1708                                                                    
                                                                               
RICK LAUBER, Lobbyist for Pacific Seafood Processors Association,              
came forward to testify.  He answered the Chairman's question in a             
strong affirmative.  He said he certainly appreciated the work that            
had been done and he thinks it makes it a much better bill.  He                
said the bill says much of what he was trying to express at the                
previous hearing.  He noted there were two other things, but he was            
not going to ask this committee address them, indicating he had                
discussed them with the Chairman of the House Special Committee on             
Fisheries, Representative Austerman.  Mr. Lauber said he thought               
the changes would be housekeeping in nature.  He referred to page              
4, lines 25 and 26, "(A) cash discounts allowed on sales, not to               
exceed one and one-half percent; and".  He noted that was an old               
system, they now give 2 percent discounts for cash.  Reiterating               
his desire not to hold up the bill's passage, he stated he was also            
interested in some provision to examine this three or five years               
down the line to see if it was being used.   Mr. Lauber said if it             
was being used then leave it in place; if it was not, remove only              
the reporting part.  He commented that it is three reports, noting             
he had previously objected to the change from two to three reports             
per year because of the extra workload.  However, he said that was             
a small price to pay if it was going to help.                                  
                                                                               
Number 1844                                                                    
                                                                               
REPRESENTATIVE HUDSON said he was prepared to offer the suggested              
amendment, stating, "On page 4, line 25, to change 'one and one-               
half' to 'two' percent, which is current."  He said that would be              
a very simple amendment to make and then they would have taken care            
of it.                                                                         
                                                                               
Number 1868                                                                    
                                                                               
REPRESENTATIVE AUSTERMAN stated he did not have a problem with that            
change, but would like to have time to discuss the sunset clause.              
                                                                               
MR. LAUBER added he certainly agreed.                                          
                                                                               
REPRESENTATIVE HUDSON clarified his statement had been a motion.               
                                                                               
Number 1887                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if there were any objections to the motion             
before the committee.  Hearing none, he stated the amendment was so            
adopted.                                                                       
                                                                               
Number 1892                                                                    
                                                                               
REPRESENTATIVE JOHN COWDERY made a motion to move Version K of HB
392, as amended, to the next committee of referral with individual             
recommendations and the attached fiscal note.                                  
                                                                               
Number 1910                                                                    
                                                                               
CHAIRMAN ROKEBERG asked if there were any objections.  There being             
none, CSHB 392(L&C) was so moved.                                              
                                                                               
Number 1915                                                                    
                                                                               
CHAIRMAN ROKEBERG called a brief at ease at 3:56 p.m.  The                     
committee came back to order at 3:57 p.m.                                      
                                                                               
SSHB 142 - BUSINESS PRACTICE REGULATIONS                                       
                                                                               
Number 1917                                                                    
                                                                               
CHAIRMAN ROKEBERG indicated the committee's next order of business             
was SSHB 142, "An Act relating to the sale or transfer of new or               
used motor vehicles; relating to the confidentiality of certain                
information related to attorney general investigations of unlawful             
trade practices and antitrust activities; establishing additional              
unlawful trade practices; relating to the exemptions from                      
telephonic solicitation regulation; regulating the sale of business            
opportunities; amending Rules 4 and 73, Alaska Rules of Civil                  
Procedure; and providing for an effective date."                               
                                                                               
Number 1918                                                                    
                                                                               
REPRESENTATIVE COWDERY moved Version H of SSHB 142, labeled 0-                 
LS0418\H, Bannister, dated 3/9/98, for discussion purposes.  There             
being no objections, it was so ordered.                                        
                                                                               
Number 1944                                                                    
                                                                               
CHAIRMAN ROKEBERG called a brief at ease at 3:58 p.m.  The                     
committee came back to order at 3:59 p.m.                                      
                                                                               
Number 1955                                                                    
                                                                               
SHIRLEY ARMSTRONG, Legislative Assistant to Representative Norman              
Rokeberg, came forward to explain the proposed committee                       
substitute.  She stated Version H includes a number of changes                 
discussed at the last hearing.  The sponsor had recommended                    
deleting "new" (relating to new motor vehicles) from the title.                
She said this was accomplished as other sections were deleted.  A              
second change was suggested by Michael Stepp of the Alaska Auto                
Dealers Association allowing the buyer to waive the right to the               
emissions certification (I/M) inspection.  This new language is on             
page 2, line 8, of the proposed CS, and reads:                                 
                                                                               
     * Sec.2.  AS 45.45.400 is amended by adding a new                         
     subsection to read:                                                       
          (c) The requirements of (a) of this section do not                   
     apply if, before entering  into the contract, the person                  
     who is engaged in the business of selling used motor                      
     vehicles obtains from the prospective buyer, transferee,                  
     or assignee, or from the agent of the prospective buyer,                  
     transferee, or assignee, a signed written statement that                  
     the prospective buyer, transferee, or assignee, or the                    
     agent of the prospective buyer, transferee, or assignee,                  
     waives the requirements of (a) of this section.                           
                                                                               
MS. ARMSTRONG indicated Daveed Schwartz, Assistant Attorney                    
General, Commercial Section, Civil Division, Department of Law,                
said that this right cannot be waived under the consumer products              
statute if there is no statute to the contrary.  She stated, "So               
for purposes of this section, for this purpose, you can waive it."             
Ms. Armstrong commented Sections 2, 3, 4, 5, and 6 of SSHB 142 have            
been deleted.  She noted there were no problems associated with the            
information about mail-order and this was left intact in the new               
version [Section 7 on page 6, beginning on line 7, of SSHB 142                 
becomes Section 4, beginning on page 2, line 17, of Version H].                
Ms. Armstrong said Chapter 66 had been reduced from 13 pages to 3              
pages in the new version.  She commented this was the smallest she             
could reduce it without eliminating it altogether, indicating it               
had been reduced to the items that would not make it an extra                  
burden but still provide some information about business                       
opportunity sellers coming from outside Alaska.  She commented the             
registration and language about names and addresses of not only the            
seller but also the seller's agents has be retained, but there is              
no bonding requirement or similar requirements that were mentioned             
in the previous version.                                                       
                                                                               
Number 2121                                                                    
                                                                               
REPRESENTATIVE COWDERY asked if Version F was available yet to the             
automobile dealers in the Anchorage and Fairbanks areas.                       
                                                                               
MS. ARMSTRONG indicated the committee had just received the bill               
and it was not yet available to those groups.                                  
                                                                               
CHAIRMAN ROKEBERG noted this version adopts the language Mr. Stepp             
brought to the committee.                                                      
                                                                               
REPRESENTATIVE COWDERY noted he understood, but said he would feel             
more comfortable if the association had an opportunity to look at              
it.                                                                            
                                                                               
CHAIRMAN ROKEBERG stated he was not touching this bill again.                  
                                                                               
                                                                               
MS. ARMSTRONG said this is the fourth hearing on this bill.                    
                                                                               
REPRESENTATIVE RYAN suggested the committee hold it for a while                
more.                                                                          
                                                                               
CHAIRMAN ROKEBERG suggested the committee vote on the bill.                    
                                                                               
Number 2160                                                                    
                                                                               
REPRESENTATIVE HUDSON asked if the bill's title met the single                 
subject requirement.                                                           
                                                                               
MS. ARMSTRONG said it all falls under Title 45, the consumer                   
products portion of the statutes.                                              
                                                                               
REPRESENTATIVE HUDSON confirmed that although the bill mixes used              
motor vehicles with telephonic solicitations and sales of business             
opportunities it still fit within the purviews of the statutes.  He            
noted it seemed broad-based.                                                   
                                                                               
Number 2192                                                                    
                                                                               
MS. ARMSTRONG noted Section 45.66.050 of the proposed CS, on page              
4, concerning the seller's records and files, had been retained                
from SSHB 142 but had been changed slightly [Section 45.66.170 of              
SSHB 142, page 15].  The original version required records to be               
kept for four years and this requires three, which is the same as              
for tax records.  She commented Section 45.66.060, coordination                
with other laws, had also been in the original bill [Section                   
45.66.220 of SSHB 142, page 18].  Referring to Section 45.66.070 of            
the proposed CS, the exemptions, she noted Chairman Rokeberg had               
mentioned those individuals currently registered with the Division             
of Occupational Licensing for these kinds of activities should not             
have to register again.  Ms. Armstrong stated Section 45.66.080,               
regulations, had been taken from the original bill [Section                    
45.66.230 of SSHB 142, page 18].  She said the definitions section             
had been reduced in the proposed CS and indicated that hopefully               
the definition of business opportunity is clearer.  She commented              
that some of the definitions on page 5 of Version H had been taken             
from the previous version.  Ms. Armstrong noted the bill had been              
reduced from 22 to 5 pages.                                                    
                                                                               
Number 2251                                                                    
                                                                               
REPRESENTATIVE JERRY SANDERS referred to sales of business                     
opportunities, asking if he would have to go through all this if he            
had a small business and wanted to sell it.                                    
                                                                               
MS. ARMSTRONG replied he would not if he used a real estate agent              
and she also did not think so if he was selling it on his own, for             
sale by owner (FISBO).                                                         
                                                                               
REPRESENTATIVE SANDERS asked who would be affected by this.                    
                                                                               
REPRESENTATIVE RYAN said he would be affected by it if he wanted to            
franchise his business.                                                        
                                                                               
Number 2274                                                                    
                                                                               
CHAIRMAN ROKEBERG asked Ms. Armstrong for clarification.                       
                                                                               
MS. ARMSTRONG replied she did not know, commenting that there was              
someone from the department who could answer that question.                    
                                                                               
CHAIRMAN ROKEBERG indicated Ms. Armstrong was very knowledgeable               
about the bill.  He said he didn't know if there was a FISBO                   
exception in the bill except for real estate licensees.                        
                                                                               
Number 2284                                                                    
                                                                               
MS. ARMSTRONG said the only reason she mentioned it is that under              
"0888" the new exemptions would cover that.                                    
                                                                               
CHAIRMAN ROKEBERG noted that was just for real estate licenses and             
did not cover these, stating Representative Sanders' question is               
well-taken.                                                                    
                                                                               
Number 2295                                                                    
                                                                               
REPRESENTATIVE HUDSON referred to page 4, lines 27 and 28, under               
definition of business opportunities, which to him seems to include            
the seller or person recommended by the seller, "... the seller or             
person recommended will provide to the buyer services, ...".                   
                                                                               
CHAIRMAN ROKEBERG stated that's not clear.                                     
                                                                               
Number 2321                                                                    
                                                                               
REPRESENTATIVE RYAN said he thinks this would apply to legitimate              
multi-level marketing companies which Amway Corporation set the                
standard for.  He commented he didn't feel anything was broken here            
so nothing needed to be fixed.  He thought it would provide a lot              
of employment for the consumer protection division of the attorney             
general's office but other than that he didn't know how they were              
furthering the public interest with passage of this bill.                      
                                                                               
Number 2348                                                                    
                                                                               
MS. ARMSTRONG referred to page 4, line 11, which speaks about                  
coordination with other laws.  She noted the previous bill used an             
entire page to list all the exemptions, and this version simply                
reads:                                                                         
                                                                               
          (a) This chapter does not apply to a sale or offer                   
     to sell if regulation of the sale or offer is preempted                   
     by federal law.                                                           
          (b) Except as provided in (a) of this section, if                    
     this chapter conflicts with another provision of state                    
     law, the other provision of law governs to the extent of                  
     the conflict.                                                             
                                                                               
Number 2371                                                                    
                                                                               
CHAIRMAN ROKEBERG reminded the committee that he believes the                  
attorney general's objective in this section is to try to obtain               
some control and regulation over what is called the "ballroom sales            
pitch."  Chairman Rokeberg said, however, he thinks the attorney               
general took the absolutely wrong approach, writing 16 pages of                
licensing law which this committee hates.  He noted he appreciated             
Ms. Armstrong's efforts to winnow this down but thinks it creates              
as many problems as it tries to fix.                                           
                                                                               
MS. ARMSTRONG commented that was her best effort to reduce 22 pages            
without deleting every section.                                                
                                                                               
Number 2423                                                                    
                                                                               
REPRESENTATIVE RYAN referred to a 10,000 year old Persian saying               
found in the writings of Herodotus (ph), "A buyer needs a hundred              
eyes, a seller needs but one."  Commenting on the role of personal             
responsibility he said it is impossible to protect everybody from              
everything, and he does not know that it is their job.                         
                                                                               
Number 2445                                                                    
                                                                               
DEB DAVIDSON, Legislative Administrative Assistant to                          
Representative Gary Davis, came forward to testify as the sponsor's            
representative.  She said she has had time to briefly review the               
proposed CS and appreciates the amount of hard work that went into             
it.  She stated, "The question that came up regarding the type of              
businesses ... that might or not be covered, and the chairman was              
right in - in that the intent of that section is to cover those                
type ..." [TESTIMONY INTERRUPTED BY TAPE CHANGE]                               
                                                                               
TAPE 98-28, SIDE B                                                             
Number 0001                                                                    
                                                                               
MS. DAVIDSON continued, "... just a slight suggestion is that in               
the original bill, there was a section of exemptions and although              
it may very well be covered ... in this phrasing that says federal             
law supersedes this and that if it's in conflict with another state            
statute the other state statute takes precedence, but what we could            
consider doing would be to just to put the section of exemptions               
back in to make it very clear, because those exemptions did cover              
the franchise."  She noted it covered legitimate businesses such as            
Amway Corporation and Avon, and this might be a way to clarify                 
that.  She said the other changes still probably cover the                     
sponsor's intent, noting he recognizes there are some difficult                
sections, and there are also a lot of sections in the bill he felt             
were important.  Commenting that the bill has two more committees              
of referral and the sponsor's interest is in having the bill move              
forward, she said she believes he wouldn't have any major                      
objections to what has been done.  Referring to the deletion of the            
sections relating to confidentiality, Ms. Davidson said she didn't             
know if the sponsor had any strong feelings about that, noting it              
simply put current policy into statute.                                        
                                                                               
Number 0077                                                                    
                                                                               
CHAIRMAN ROKEBERG indicated that the exemptions section in the                 
original bill appear to be longer than bill version currently                  
before the committee.                                                          
                                                                               
REPRESENTATIVE RYAN commented it was similar to HB 33.                         
                                                                               
Number 0097                                                                    
                                                                               
MS. DAVIDSON said the exemptions section was actually about a page             
long, beginning on page 17 of the original bill and perhaps not all            
those exemptions are required.                                                 
                                                                               
Number 0133                                                                    
                                                                               
CHAIRMAN ROKEBERG moved a conceptual amendment to adopt the                    
provisions of Section 45.66.210 of the original sponsor substitute             
; lines 8-31 on page 17 and lines 1-11 on page 18 ["lines 1 through            
11 on line 18" stated on tape] of SSHB 142; going to the exemption             
section on page 4 of the proposed CS.  There being no objections,              
the amendment was so adopted.                                                  
                                                                               
                                                                               
Number 0177                                                                    
                                                                               
REPRESENTATIVE BRICE indicated he would make a motion to move the              
bill if the chairman was ready.                                                
                                                                               
Number 0183                                                                    
                                                                               
REPRESENTATIVE COWDERY indicated he would like to support                      
Representative Davis's bill but would prefer to have more time to              
study this version although he was not happy at the thought of                 
another hearing.  He commented he would like to at least put a "do             
not rec" on it.                                                                
                                                                               
REPRESENTATIVE RYAN indicated he would like to hold the bill.                  
                                                                               
Number 0215                                                                    
                                                                               
CHAIRMAN ROKEBERG said he wanted to follow the will of the                     
committee.                                                                     
                                                                               
Number 0219                                                                    
                                                                               
REPRESENTATIVE RYAN referred Mr. Schwartz's comment that a person,             
in giving a waiver, could not sign away that right under whatever              
federal provision and said he would like to hear some testimony                
from those in the automobile industry.  He referred to extensive               
testimony the previous summer from the automobile dealers who, he              
said, seemed willing to go along to make those provisions palatable            
with their business.  He indicated it would only be fair to give               
this group a chance to comment if the committee was going to change            
the bill so dramatically.                                                      
                                                                               
Number 0257                                                                    
                                                                               
REPRESENTATIVE BRICE said he would rather see the bill move,                   
continuing its journey through the process, if it was not the                  
chair's intention to bring it back up.  He asked whether the chair             
would consider one more hearing.                                               
                                                                               
Number 0286                                                                    
                                                                               
REPRESENTATIVE HUDSON asked if the bill went to another committee.             
                                                                               
CHAIRMAN ROKEBERG replied it has two more House referrals.                     
                                                                               
REPRESENTATIVE HUDSON commented he thought it would probably                   
receive plenty of hearings in the next two committees, stating he              
did not think they could get much more out of this.                            
                                                                               
Number 0297                                                                    
                                                                               
REPRESENTATIVE BRICE made a motion to move the proposed CS for SSHB
142, as amended, with individual recommendations and zero fiscal               
note.                                                                          
                                                                               
REPRESENTATIVE COWDERY objected to the motion.                                 
                                                                               
A roll call vote was taken.  Representatives Rokeberg, Hudson, and             
Brice voted in favor of the motion. Representatives Cowdery,                   
Sanders and Ryan voted against.  Representative Kubina was absent.             
Therefore, CSSSHB 142(L&C) failed to move out of the House Labor               
and Commerce Standing Committee with a vote of 3-3.                            
                                                                               
ADJOURNMENT                                                                    
                                                                               
Number 0328                                                                    
                                                                               
CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Standing              
Committee meeting at 4:20 p.m.                                                 

Document Name Date/Time Subjects