02/13/2009 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB93 | |
| HB102 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 93 | TELECONFERENCED | |
| *+ | HB 102 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 13, 2009
3:19 p.m.
MEMBERS PRESENT
Representative Kurt Olson, Chair
Representative Mark Neuman, Vice Chair
Representative Mike Chenault
Representative Bob Lynn
Representative Robert L. "Bob" Buch
MEMBERS ABSENT
Representative John Coghill
Representative Lindsey Holmes
OTHER LEGISLATORS PRESENT
Representative Craig Johnson
COMMITTEE CALENDAR
HOUSE BILL NO. 93
"An Act relating to unwanted telephone solicitations on a
cellular or mobile telephone and making those calls to cellular
or mobile telephones registered with the national do not call
registry violations of the Alaska Unfair Trade Practices and
Consumer Protection Act."
- MOVED HB 93 OUT OF COMMITTEE
HOUSE BILL NO. 102
"An Act relating to the Uniform Commercial Code, to the general
provisions of the Uniform Commercial Code, to documents of title
under the Uniform Commercial Code, to the Uniform Electronic
Transactions Act, and to lease-purchases of personal property;
amending Rules 403 and 902, Alaska Rules of Evidence; and
providing for an effective date."
- MOVED HB 102 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 93
SHORT TITLE: DO NOT CALL REGISTRY--MOBILE/CELL PHONES
SPONSOR(s): REPRESENTATIVE(s) CHENAULT
01/28/09 (H) READ THE FIRST TIME - REFERRALS
01/28/09 (H) L&C
02/13/09 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 102
SHORT TITLE: UNIFORM COMMERCIAL CODE
SPONSOR(s): LABOR & COMMERCE
01/30/09 (H) READ THE FIRST TIME - REFERRALS
01/30/09 (H) L&C, JUD
02/13/09 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
REPRESENTATIVE MIKE CHENAULT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as prime sponsor of HB 93.
MARIE DARLIN, Coordinator
AARP Capital City Task Force
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 93.
TOM WRIGHT, Staff
Representative Mike Chenault
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on HB 93, on behalf of the prime
sponsor, Representative Mike Chenault.
REPRESENTATIVE MAX GRUENBERG
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions during the
discussion on HB 102.
TERRY THURBON, Alaska Uniform Law Commissioner
National Conference of Commissioners on Uniform State Laws
(NCCUSL)
Juneau, Alaska
POSITION STATEMENT: Presented HB 102 and answered questions
during the discussion on HB 102.
ACTION NARRATIVE
3:19:56 PM
CHAIR KURT OLSON called the House Labor and Commerce Standing
Committee meeting to order at 3:19 p.m. Representatives Buch,
Chenault, Lynn, Neuman, and Olson were present at the call to
order. Representative Craig Johnson was also in attendance.
HB 93-DO NOT CALL REGISTRY--MOBILE/CELL PHONES
3:20:23 PM
CHAIR OLSON announced that the first order of business would be
HOUSE BILL NO. 93, "An Act relating to unwanted telephone
solicitations on a cellular or mobile telephone and making those
calls to cellular or mobile telephones registered with the
national do not call registry violations of the Alaska Unfair
Trade Practices and Consumer Protection Act."
3:20:24 PM
REPRESENTATIVE MIKE CHENAULT, Alaska State Legislature, Juneau,
Alaska, read his sponsor statement on HB 93, as follows[original
punctuation provided]:
House Bill 93 adds a cellular or mobile telephone to
the definition of the telephone solicitation as
defined under AS 45.50.475(g). In essence, this bill
adds to state statute, cell or mobile phones to the
unlawful, unwanted telephone advertisements and
solicitations section.
The Federal Trade Commission, which has oversight over
the Do Not Call Registry, opened this service in June
2003. The service allows a consumer to register their
telephone or cellular or mobile phones should that
consumer wish to limit telemarketing calls.
The state statute does not recognize cell or mobile
phones under the definition of prohibited activities
as it relates to telephone solicitation. House Bill
93 revises the definition to put our statutes more in
line with federal guidelines and makes it clear that
Alaskan consumers have protection from unwanted
telemarketing calls.
3:22:01 PM
REPRESENTATIVE LYNN asked whether the bill covers satellite
phones.
REPRESENTATIVE CHENAULT answered that it is his intention that
HB 93 would cover all telephones.
REPRESENTATIVE CHENAULT, in response to Representative Lynn,
offered his belief that HB 93 as written covers all phones. He
related that "cellular" refers to cellular phones, and that
satellite phones will be covered under mobile phones.
REPRESENTATIVE NEUMAN reiterated for the record that satellite
phones will be covered under the bill.
REPRESENTATIVE BUCH offered his appreciation the sponsor brought
this matter forward and that the sponsor has worked with the
authorities. He remarked that some people have been taken
advantage of by telephone solicitations. Thus, he is thankful
the issue will be addressed under the bill.
3:23:41 PM
MARIE DARLIN, Coordinator, AARP Capital City Task Force, stated
that she has submitted a letter of support for HB 93. She
stated that the AARP Capital City Task Force worked hard on the
original "do not call" legislation that passed the legislature
some time ago. She opined that including cell phones and mobile
phones is an important step forward. She urged members to pass
HB 93.
3:24:38 PM
CHAIR OLSON, after first determining no one wished to testify,
closed public testimony on HB 93.
3:24:48 PM
REPRESENTATIVE LYNN related that a "no call list" has been
developed for regular telephone directories and inquired as to
whether a directory has been developed for cellular phones.
CHAIR OLSON answered that the listings are available on a
compact disc (CD) or digitally by direct marketing. In further
response to Representative Lynn, Chair Olson said he did not
know. He surmised that the federal government probably would
supply the information at no cost.
3:25:37 PM
TOM WRIGHT, Staff, Representative Mike Chenault, Alaska State
Legislature, explained on behalf of the prime sponsor,
Representative Mike Chenault, that he has been in contact with
Alaska Communications System (ACS) and AT&T Alascom to discuss
the issue. He explained that carriers such as Verizon
Communications are currently compiling directories together, but
restricted to 411 services. He related that HB 93 is proactive
so that in the event directories are ever published for cellular
phones, they will be covered under the national "Do Not Call
Registry" under the federal statute if the directories become
public.
3:26:18 PM
REPRESENTATIVE NEUMAN moved to report HB 93, Version 26-LS0413\A
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, HB 93 was
reported from the House Labor and Commerce Standing Committee.
3:27:04 PM
The committee took an at-ease from 3:27 p.m. to 3:29 p.m.
HB 102-UNIFORM COMMERCIAL CODE
3:29:01 PM
CHAIR OLSON announced that the final order of business would be
HOUSE BILL NO. 102, "An Act relating to the Uniform Commercial
Code, to the general provisions of the Uniform Commercial Code,
to documents of title under the Uniform Commercial Code, to the
Uniform Electronic Transactions Act, and to lease-purchases of
personal property; amending Rules 403 and 902, Alaska Rules of
Evidence; and providing for an effective date." He explained
that the bill is a House Labor and Commerce Standing Committee
bill at the request of Representative Max Gruenberg, who is here
to testify on HB 102.
3:29:03 PM
REPRESENTATIVE MAX GRUENBERG, Alaska State Legislature, offered
his appreciation for the work of the uniform commissioners
coming to the legislature with a request to update two articles
in the Uniform Commercial Code (UCC). He briefly explained that
Article 1 is the general article in the UCC, which is the law
governing commerce and is in effect in every state in the union.
He further explained that the nine articles undergo periodic
revision by the Uniform Law Commissioners (ULC). He related
that Article 1 was last revised in 2001, and 34 other states
have adopted this version. He remarked that Alaska will be the
35th state to adopt Article 1, if HB 102 passes the legislature.
He offered that Article 7 pertains to warehouse receipts and
bills of lading, which affects the warehouse industry and self-
storage industry. He opined that Article 7 is important to the
industries and was last revised in 2007, which 31 other states
have adopted.
3:32:16 PM
REPRESENTATIVE GRUENBERG, in response to Representative Neuman,
answered that he has read HB 102 in its entirety and has
discussed the bill several times with the uniform law
commissioners. He offered that a number of issues have been
resolved, including a few grammatical alterations. He remarked
that he is not an expert in commercial code or the warehouse
provisions. However, he noted that the provisions in HB 102
have been vetted through the Alaska Bar Association's business
law section, specifically an attorney familiar with the
warehouse industry. He indicated that the ABA attorney did not
raise any issues.
REPRESENTATIVE NEUMAN related his understanding that HB 102 has
a referral to the House Judiciary Standing Committee. He opined
that it would be appropriate for that committee to review the
bill in detail since the bill contains legal issues. He further
opined that it would be appropriate for the House Judiciary
Standing Committee to take up any amendments that pertain to
legal issues.
CHAIR OLSON related his understanding that Representative Holmes
has also read the bill, as well as her attorney staff member.
CHAIR OLSON also noted that Representative Gruenberg has several
amendments that he would like to take up when HB 102 is referred
to the House Judiciary Standing Committee.
3:34:44 PM
TERRY THURBON, Alaska Uniform Law Commissioner, National
Conference of Commissioners on Uniform State Laws (NCCUSL),
explained that she is the chief administrative law judge in the
Office of Administrative Hearings for the state, but that she is
speaking as one of Alaska's Uniform Law Commissioners. She
listed the state's delegation of uniform law commissioners as
Lynn Levengood, Michael Geraghty, Justice Walter Carpeneti,
Deborah Behr, Arthur Peterson, Grant Callow, and Tamara Cook.
She related that uniform law commissioners are volunteers for
the Uniform Law Commission and work with the NCCUSL to develop
uniform and model acts. The commissioners bring back uniform
and model laws to the state for consideration. She offered that
this year the UCC revisions Representative Gruenberg mentioned
are under consideration in HB 102.
3:36:29 PM
MS. THURBON offered an overview of HB 102 and the changes to the
UCC. She noted that most of the UCC changes are not substantive
but are simple housekeeping measures or updates. She stated
that the bill does essentially two things. First, it modernizes
and updates Alaska law, and brings us into conformity with 35
other states. She offered that several other states are working
to adopt the changes to Article 1 and Article 7 of the UCC. She
mentioned that every state has a UCC in place using some of the
national model of the Uniform Law Commission (ULC). She
detailed that adopting Article 7 of the UCC will bring Alaska
into the modern age by recognizing how shipping and warehousing
industries actually conduct business. This includes the use of
electronic media as opposed to paper media in tracking shipments
and passing ownership and evidence of ownership when goods pass
through a third party like FedEx. She stated that Article 1
changes are revisions to what are considered the general default
provisions of the UCC, that provide definitions and general
tools in order to make the other eight articles of the UCC
function.
3:38:42 PM
MS. THURBON related some substantive changes such as
clarification on good faith, the parties' course of performance
and dealings, and the scope of the general provisions, relative
to the other articles and non-UCC law to ensure that the UCC
does not contain unnecessary provisions. She offered her belief
that while HB 102 is lengthy and contains many provisions, that
the changes are straightforward. She mentioned that only 15 of
the 113 changes in the bill were substantive changes.
3:40:03 PM
MS. THURBON, in response to Representative Buch, explained that
the UCC is adopted in most states to govern commercial
transactions. Thus, the UCC regulates the transactions between
private parties, although it has some impact on state and
federal government as the entities engage in interstate
commerce.
REPRESENTATIVE GRUENBERG interjected that this governs private
transactions. He offered a scenario, such that if a person
places his/her goods into storage, the contract with the storage
company is governed by the UCC. He related that Article 2 of
the UCC pertains to sales, so if a person purchases an item at a
store, the transaction is governed by the UCC. He further
related that Article 5 of the UCC pertains to banking. Thus,
the government itself is not involved except to enact the set of
laws. He pointed out that in the event of a dispute, the
parties would resolve the dispute in court. Therefore, the
government may be a party to transaction, but the vast majority
of transactions are "between company A and company B or company
A and individual B." He said, "The government's not involved."
3:41:57 PM
REPRESENTATIVE BUCH inquired as to which agency has oversight
over the UCC, whether it would be the Department of Labor &
Workforce Development or the Department of Commerce, Community,
& Economic Development.
3:42:14 PM
REPRESENTATIVE GRUENBERG answered that there is no more
oversight than when a person rents a house governed by the
Landlord Tenant Act. In the event of a dispute with the
landlord, no one oversee the matter. Instead, the dispute would
be adjudicated by the court or the landlord would take eviction
actions through the court.
3:43:59 PM
CHAIR OLSON, after first determining no one wished to testify,
closed public testimony on HB 102.
3:44:13 PM
REPRESENTATIVE NEUMAN moved to report HB 102, Version 26-
LS0059\E out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HB 102
was reported from the House Labor and Commerce Standing
Committee.
3:44:35 PM.
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:44 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 01 HB93 ver A.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 93 |
| 01 HB102 A.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 102 |
| 02 HB93 Sponsor Statement.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 93 |
| 03 HB93-LAW-CIV-02-06-09 (2).pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 93 |
| 04 HB93 FTC Info.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 93 |
| 05 HB93 Do Not Call Registry Questions and Answers.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 93 |
| 06 HB93 AS45 Statute.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 93 |
| 02 HB102 Sponsor Statement.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 102 |
| 03 HB102 Sectional Analysis.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 102 |
| 04 HB102-CED-CO-2-9-09.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 102 |
| 05 HB102 UCC BackUp.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 102 |
| 06 HB102 (01) Article 1 Changes - Annotated Version.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 102 |
| 07 HB102 (02) Article 1 Changes - Annotated Version.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 102 |
| 08 HB102 (01) Article 7 Changes - Annotated Version.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 102 |
| 09 HB102 (02) Article 7 Changes - Annotated Version.pdf |
HL&C 2/13/2009 3:15:00 PM |
HB 102 |