Legislature(1993 - 1994)
04/13/1993 04:00 PM House RLS
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE RULES COMMITTEE
April 13, 1993
4:00 p.m.
MEMBERS PRESENT
Rep. Carl E. Moses, Chair
Rep. Jerry Sanders, Vice Chair
Rep. Ramona Barnes
Rep. Mark Hanley
Rep. Fran Ulmer
Rep. Pat Carney
MEMBERS ABSENT
Rep. Gail Phillips
OTHER LEGISLATORS PRESENT
Rep. Harley Olberg
Rep. Con Bunde
COMMITTEE CALENDAR
HB 79: "An Act relating to recovery from a parent or
legal guardian of wilful or malicious destruction
of property by a minor."
CSHB 79(RLS) MOVED OUT OF COMMITTEE
HB 236: "An Act relating to newspapers of general
circulation."
CSHB 236(RLS) MOVED OUT OF COMMITTEE
WITNESS REGISTER
REP. CON BUNDE
Alaska State Legislature
State Capitol
Juneau, Alaska 99801-1182
465-4843
Position Statement: Prime Sponsor of HB 79
BOB GOULD
Alaska Journal of Commerce
3710 Woodland Park Drive, Suite 2100
Anchorage, Alaska 99517
249-1900
Position Statement: Testified on HB 236
PREVIOUS ACTION
BILL: HB 79
SHORT TITLE: DAMAGE TO PROPERTY BY MINORS
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S)
BUNDE,Toohey,Porter,Olberg,Green
TITLE: "An Act relating to recovery from a parent or legal
guardian of wilful or malicious destruction of property by a
minor."
JRN-DATE JRN-PG ACTION
01/22/93 130 (H) READ THE FIRST TIME/REFERRAL(S)
01/22/93 130 (H) HES, JUDICIARY, FINANCE
01/29/93 184 (H) COSPONSOR(S): PORTER
02/03/93 (H) HES AT 03:00 PM CAPITOL 106
02/03/93 (H) MINUTE(HES)
02/05/93 240 (H) COSPONSOR(S): OLBERG, GREEN
02/08/93 (H) MINUTE(HES)
02/10/93 288 (H) HES RPT 3DP 2DNP 4NR
02/10/93 288 (H) DP: BUNDE, TOOHEY, OLBERG
02/10/93 288 (H) DNP: NICHOLIA, B.DAVIS
02/10/93 288 (H) NR: KOTT,VEZEY,G.DAVIS,BRICE
02/10/93 288 (H) -3 ZERO FNS (LAW, ADM, DHSS)
2/10/93
03/12/93 (H) JUD AT 01:00 PM CAPITOL 120
03/12/93 (H) MINUTE(JUD)
03/12/93 (H) MINUTE(JUD)
03/15/93 644 (H) JUD RPT 2DP 4NR
03/15/93 644 (H) DP: JAMES, PORTER
03/15/93 644 (H) NR: KOTT, PHILLIPS, GREEN,
NORDLUND
03/15/93 644 (H) -3 PREVIOUS ZERO FNS(LAW,DHSS,
ADM) 2/10
03/26/93 (H) FIN AT 08:30 AM HOUSE FIN 519
03/26/93 (H) MINUTE(FIN)
03/26/93 (H) MINUTE(FIN)
03/29/93 819 (H) FIN RPT CS(FIN) 7DP 3NR
03/29/93 819 (H) DP: MACLEAN, LARSON, HANLEY,
MARTIN
03/29/93 819 (H) DP: PARNELL, GRUSSENDORF,
THERRIAULT
03/29/93 820 (H) NR: HOFFMAN, BROWN, FOSTER
03/29/93 820 (H) -3 PREVIOUS ZERO FNS(LAW,DHSS,
ADM) 2/10
04/13/93 (H) RLS AT 04:00 PM SPEAKER'S
CHAMBER
BILL: HB 236
SHORT TITLE: NEWSPAPER OF GENERAL CIRCULATION DEFINED
BILL VERSION:
SPONSOR(S): LABOR & COMMERCE
TITLE: "An Act relating to notices for the sale of certain
real property."
JRN-DATE JRN-PG ACTION
03/19/93 707 (H) READ THE FIRST TIME/REFERRAL(S)
03/19/93 707 (H) LABOR & COMMERCE
03/30/93 (H) L&C AT 03:00 PM CAPITOL 17
03/30/93 (H) MINUTE(L&C)
03/31/93 872 (H) L&C RPT CS(L&C) 5DP
03/31/93 872 (H) DP: SITTON,MACKIE,MULDER,
WILLIAMS,HUDSON
03/31/93 872 (H) -ZERO FISCAL NOTE (H.L&C/ALL)
3/31/93
04/13/93 (H) RLS 4:00 PM SPEAKER'S CHAMBER
ACTION NARRATIVE
TAPE 93-4, SIDE A
Number 008
CHAIRMAN MOSES called the meeting to order at 4:06 p.m.,
noted members in attendance and informed the committee that
HB 79 and HB 236 were on the agenda.
HB 79 DAMAGE TO PROPERTY BY MINORS
REPRESENTATIVE ULMER asked why the particular amount of
$10,000 was selected.
REPRESENTATIVE BUNDE, PRIME SPONSOR OF HB 79, advised
members that the $10,000 was a compromise amount. The
original bill was written to allow whatever district court
currently allows; that amount, however, turns out to be
$50,000. Many people were concerned that $50,000 was too
much and that $2,000 was not enough to go to court. An
alternative of $5,000 was offered, but malicious damage
usually totals more than $5,000. He said $10,000 was an
even compromise between victim's rights and parental
responsibility.
REPRESENTATIVE ULMER asked if there was any discussion of
not having a cap on the dollar figure - perhaps a recovery
of the actual amount of the damages.
REPRESENTATIVE BUNDE replied that no dollar figure was his
original intent. There has been considerable concern that
$50,000 is too high and if someone has an uncontrollable
child who is still a minor who wanted to victimize their
parents, they could do considerable damage and create
another victim.
(Rep. G. Phillips arrived at 4:09 p.m.)
REPRESENTATIVE BUNDE continued. He said the amount was
$50,000 when the bill went to the Finance Committee and they
reduced it to $5,000. A compromise would be to raise it to
$10,000.
REPRESENTATIVE BARNES moved to adopt the committee
substitute (CS) for HB 79. CSHB 79(RLS) was ADOPTED.
REPRESENTATIVE BARNES moved to pass CSHB 79(RLS) from
committee with individual recommendations.
CSHB 79(RLS) was MOVED with INDIVIDUAL RECOMMENDATIONS.
HB 236: RELATING TO NEWSPAPER NOTICES
CHAIRMAN MOSES advised members that a proposed committee
substitute was before them.
REPRESENTATIVE BARNES moved to adopt the committee
substitute for HB 236. CSHB 236(RLS) was ADOPTED.
REPRESENTATIVE ULMER asked for clarification on the 25%
provision on page two. He asked, Who decides if a newspaper
has 25% readership? Is the impact to expand the number of
publications eligible to run foreclosure notices linked to
the area where the foreclosure is taking place?
BOB GOULD, PRINCIPLE OWNER, ALASKA JOURNAL OF COMMERCE,
replied that the language comes from a compilation of
similar statutory language in Lower 48 jurisdictions. The
goal is to define a newspaper for the purpose of noticing
foreclosure default sale notices. Title companies, who
place such notices, often notice them in metropolitan
daily's, such as the Anchorage Daily News, Juneau Empire,
Nome Nugget and Fairbanks Daily News Miner, for each of the
four judicial districts in Alaska. In the Lower 48 states,
legal, real estate and banking newspapers also apply. The
25% editorial content provision is meant to exclude such
papers such as shoppers, whose readers are not interested in
foreclosure notices. The statute says that the notice is
required to run in a paper nearest to the sale in the
corresponding judicial district.
REPRESENTATIVE BARNES asked, if a Glenallen paper, for
example, did not have more than 500 readers, then it would
not qualify under HB 236?
MR. GOULD stated that such a paper would not qualify.
REPRESENTATIVE BARNES expressed that the provision was bad;
little newspapers should be able to qualify.
MR. GOULD clarified that the topic of conversation was only
for default notices, not public meetings, road closures,
bids or proposals. Default notices now only appear by
request of the title companies in the four major newspapers
in each judicial district. The Aniak paper appears to be
the only paper, as of 1990 figures, with less than 500
readers. Title 9 does not apply to other types of
advertising done on a state level that would be affected by
HB 236. He said Title 9 applies only to real estate
foreclosures.
REPRESENTATIVE BARNES expressed a desire to expand
circulation dollars at a state level down to the smallest of
newspapers in a given area.
CHAIRMAN MOSES stated that if the notice was given in an
isolated community, the default would not get the exposure
that would be good for the market.
REPRESENTATIVE G. PHILLIPS asked that the committee consider
the general publication notice.
REPRESENTATIVE BARNES moved to pass the committee substitute
for HB 236 with individual recommendations.
CSHB 236(RLS) was MOVED with INDIVIDUAL RECOMMENDATIONS.
ADJOURNMENT
CHAIRMAN MOSES asked members and the audience if there were
further comments. Hearing none, he adjourned the meeting at
4:24 p.m.
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