Legislature(1999 - 2000)

05/18/1999 01:30 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE LABOR AND COMMERCE COMMITTEE                                                                           
                           May 18, 1999                                                                                         
                             1:30 p.m.                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                              
Senator Jerry Mackie, Chairman                                                                                                  
Senator Tim Kelly, Vice Chairman                                                                                                
Senator Dave Donley                                                                                                             
Senator Loren Leman                                                                                                             
Senator Lyman Hoffman                                                                                                           
                                                                                                                              
MEMBERS ABSENT                                                                                                                
                                                                                                                              
All members present                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
CS FOR HOUSE BILL NO. 167(L&C)                                                                                                  
"An Act repealing required registration for mobile home dealers;                                                                
and providing for an effective date."                                                                                           
                                                                                                                                
     -MOVED CSHB 167(L&C)OUT OF COMMITTEE                                                                                       
                                                                                                                                
Confirmation Hearing on members of the Regulatory Commission of                                                                 
Alaska: Wilfred Abbott, Patricia DeMarco, Burnell Smith, and G.                                                                 
Nanette Thompson                                                                                                                
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
                                                                                                                              
HB 167 - No previous action to consider.                                                                                        
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                              
Mr. Peter Torkelson, Aide                                                                                                       
Representative John Cowdery                                                                                                     
State Capitol Bldg.                                                                                                             
Juneau, AK 99811-1182                                                                                                           
POSITION STATEMENT: Commented on HB 167.                                                                                        
                                                                                                                              
ACTION NARRATIVE                                                                                                              
TAPE 99-23, SIDE A                                                                                                            
                                                                                                                              
Number 001                                                                                                                      
                                                                                                                              
           HB 167-REPEAL MOBIL HOME DEALER REGISTRATION                                                                     
                                                                                                                              
CHAIRMAN  MACKIE  called the  Senate  Labor and  Commerce  Committee                                                            
meeting  to order at  1:30 p.m. and  announced HB  167 to be  up for                                                            
consideration.                                                                                                                  
                                                                                                                                
MR. PETER TORKELSON, aide  to Representative Cowdery, said HB 167 is                                                            
a simple deregulation  bill for small  Alaskan businesses  that sell                                                            
mobile homes.   Currently, they must pay up to $1,500  to get bonded                                                            
and, in  some cases,  much more than  that.   A small business  just                                                            
starting out must  pay a $500 plus license fee.  There  is currently                                                            
no need for any of these  protections because not one claim has been                                                            
made against a  licensee for their bond.  The result  of these hoops                                                            
is  to drive  the small  operators  out of  business  or, at  least,                                                            
outside  the  law.   This bill  levels  the  playing field  for  all                                                            
Alaskans.                                                                                                                       
                                                                                                                                
CHAIRMAN MACKIE asked how many dealers there are.                                                                               
                                                                                                                                
MR. TORKELSON answered  there are 14 dealers licensed in the State -                                                            
10 of those  sell primarily  used mobile homes.   Only four  deal in                                                            
new ones.                                                                                                                       
                                                                                                                                
SENATOR KELLY gave the  committee some historical perspective saying                                                            
the requirement for bonding  was created because there were "a bunch                                                            
of sleazy  fly-by-night  artists out  there selling  mobile  homes."                                                            
They caused  enough problems that  they came to the legislature  and                                                            
said they wanted to upgrade  the professional image of the industry.                                                            
The fact that  there have been no  claims is terrific.  "That  means                                                            
it's working."                                                                                                                  
                                                                                                                                
MR. TORKELSON responded  that the House Labor and Commerce Committee                                                            
heard during testimony  that the "fly-by-nighters"  are still there.                                                            
There  is no  reason  for them  to jump  through  the  hoops to  get                                                            
bonded, so  they operate out  of the back  of a pickup truck  and it                                                            
still occurs.  Honest citizens  comply, but they aren't the problem.                                                            
                                                                                                                                
CHAIRMAN  MACKIE  asked  if  people  are still  allowed  to  do  the                                                            
business.                                                                                                                       
                                                                                                                                
MR.  TORKELSON  replied   that  they  don't  operate   legally,  but                                                            
enforcement  is expensive and  the last thing  they want is  a large                                                            
enforcement  bill.   The  14 legitimate  people  pay  their own  way                                                            
through fees the way the licensing program is set up.                                                                           
                                                                                                                                
SENATOR KELLY asked who was asking for this.                                                                                    
                                                                                                                                
MR. MARCO  PIGNALBERI, aide  to Representative  Cowdery, added  that                                                            
two of  the exclusively  used  dealers requested  this legislation.                                                             
They don't need the bond  because they "sell as-is/where-is."  There                                                            
was a dispute  between the new and  used dealers.  The used  dealers                                                            
thought the new dealers  want numbers of members to reduce fees. The                                                            
Department  of Commerce said essentially  they don't think  there is                                                            
any good happening  from regulating  them at all.  The dealers  were                                                            
asked  to get together  and work  it out  but they  didn't.  So  the                                                            
House decided to proceed with deregulation.                                                                                     
                                                                                                                                
CHAIRMAN MACKIE asked if the Department is supporting the bill.                                                                 
                                                                                                                                
MR. PIGNALBERI answered that they have taken a neutral position.                                                                
                                                                                                                                
Number 139                                                                                                                      
                                                                                                                                
SENATOR LEMAN  said he wasn't real comfortable with  this.  He likes                                                            
removing   unnecessary  government   from   business,  but   totally                                                            
repealing  their  licensing  and  bonding   requirements  makes  him                                                            
apprehensive.                                                                                                                   
                                                                                                                                
MR. PIGNALBERI  said they fully expect industry to  come back with a                                                            
new  plan  for  regulation  that  satisfies   all  segments  of  the                                                            
industry, not just the new dealers.                                                                                             
                                                                                                                                
SENATOR KELLY asked when this was introduced.                                                                                   
                                                                                                                                
CHAIRMAN MACKIE answered it was introduced on March 31.                                                                         
                                                                                                                                
MR. TORKELSON  said  that new dealers  offer their  products  with a                                                            
warranty that  is a guarantee of the manufacturer  of the homes. The                                                            
used dealers sell things as-is/where-is.                                                                                        
                                                                                                                                
SENATOR  KELLY commented  that  they would  be more  likely to  work                                                            
something out with this hanging over their heads.                                                                               
                                                                                                                                
SENATOR DONLEY said he  likes the bill because there have never been                                                            
any problems in this area  and it is one thing they can do to lessen                                                            
government.                                                                                                                     
                                                                                                                                
SENATOR KELLY  asked if he was saying there hadn't  been any problem                                                            
with anyone who had been bonded.                                                                                                
                                                                                                                                
MR. TORKELSON said there had been no claims.                                                                                    
                                                                                                                                
SENATOR KELLY said this  was a piece of deregulation that would come                                                            
back and haunt them.                                                                                                            
                                                                                                                                
SENATOR DONLEY asked if there was licensing of used car dealers.                                                                
                                                                                                                                
MR. TORKELSON said no.                                                                                                          
                                                                                                                                
SENATOR  KELLY  said  he thought  you  proved  your  competence  and                                                            
success  by your  ability  to buy  a bigger  bond and  climb up  the                                                            
ladder of success.                                                                                                              
                                                                                                                                
Number 240                                                                                                                      
                                                                                                                                
SENATOR LEMAN moved to  report HB 167 from committee with individual                                                            
recommendations.   There were no objections  and it was so  ordered.                                                            
                                                                                                                                
CHAIRMAN   MACKIE  announced   the  confirmation   hearing   of  the                                                            
appointees  to the Regulatory  Commission  of Alaska.   He said  the                                                            
committee had copies of the resumes.                                                                                            
                                                                                                                                
MR. WILL ABBOTT briefly  reviewed his qualifications and said he was                                                            
looking forward to working on the Commission.                                                                                   
                                                                                                                                
Number 286                                                                                                                      
                                                                                                                                
SENATOR  LEMAN asked  him to comment  on competition  in the  market                                                            
place.                                                                                                                          
                                                                                                                                
MR. ABBOTT  said  he believes  strongly  in the  private sector  and                                                            
thought they  could sometimes do things  much better.  He  supported                                                            
deregulation to do that as long as it is in the public interest.                                                                
                                                                                                                                
SENATOR DONLEY asked him to comment about his education.                                                                        
                                                                                                                                
MR. ABBOTT  said he  went through  two years of  college before  his                                                            
time in the Air  Force.  After that he completed the  school of hard                                                            
knocks.   He  has a  lot  of public  administration  background  and                                                            
retired from the Air Force as a Wing Commander.                                                                                 
                                                                                                                                
CHAIRMAN  MACKIE  said  he  appreciated  his  military  service  and                                                            
thanked Mr. Abbott for his service to the country.                                                                              
                                                                                                                                
Number 316                                                                                                                      
                                                                                                                                
MS. PATTI DEMARCO  said she is a scientist by training  and reviewed                                                            
some  of her  past employment.   She  has  a great  interest in  the                                                            
policy  implications   of  energy,   especially  in  the   regulated                                                            
industries.   This  is a time  of great  change and  Alaska is  very                                                            
different  from   other  areas  of  the  country  because   of  wide                                                            
disparities  between the  urban and rural  areas.   If we are  to be                                                            
fair with  cost efficient  reliable service  for all citizens,  they                                                            
would have  to find creative  ways to do that  that may not  fit the                                                            
mold that has been cast in the rest of the country.                                                                             
                                                                                                                                
SENATOR  LEMAN  asked if  she  could  offer any  insights  from  her                                                            
experience in Northeast America with energy issues.                                                                             
                                                                                                                                
MS. DEMARCO  said the electric issues  are every bit as complicated                                                             
as telecommunications.   Alaska is as different from  Connecticut as                                                            
you can get because  Connecticut is part of a tight  pool integrated                                                            
with eight  other states  with all of the  pieces connected  to each                                                            
other with  hard wire  and uniform  dispatch.   Alaska doesn't  even                                                            
have all of its various  parts connected to each other.  She thought                                                            
solutions would  require an open mind and new approach.   She is not                                                            
bringing any preconceived solutions into this.                                                                                  
                                                                                                                                
SENATOR  LEMAN asked if  she was aware  of the  study funded  by the                                                            
Legislature  and  the APUC  this  past spring  on  electric  utility                                                            
restructuring.                                                                                                                  
                                                                                                                                
MS.  DEMARCO said  she is  aware of  it and  is looking  forward  to                                                            
studying it in some depth.                                                                                                      
                                                                                                                                
MS.  G.  NANETTE  THOMPSON   briefly  reviewed  her  education   and                                                            
experience.   She  graduated  from Stanford  with a  law degree  and                                                            
worked  for a  small  Anchorage  firm with  utility  and  government                                                            
clients.    As a  private  attorney  since 1988,  she  continued  to                                                            
represent  utility and  municipal clients.  She joined  the APUC  in                                                            
1995 and  left in 1996  because the Supreme  Court decided  that the                                                            
seat to which  she was appointed was not vacant.   She has worked on                                                            
mining, oil, and  gas issues in the Attorney General's  office since                                                            
then.                                                                                                                           
                                                                                                                                
Number 425                                                                                                                      
                                                                                                                                
SENATOR  LEMAN said the  last time  she was up  for confirmation  he                                                            
voted against  her, but it had nothing to do with  her capabilities.                                                            
He thinks  she is extremely  talented and doing  a good job,  but he                                                            
believed  that her  seat was  not available  and  the Supreme  Court                                                            
concluded the  same thing.  He looks forward to voting  for her this                                                            
time and working with her on the Commission.                                                                                    
                                                                                                                                
MR.  JAMES  STRANDBERG  said  he is  a  life long  Alaskan  and  was                                                            
educated  at the  University  of Alaska.   He  spent  his career  in                                                            
consulting engineering  and has some experience with  public service                                                            
working with the University  of Alaska Research Range at Poker Flat.                                                            
                                                                                                                                
SENATOR  LEMAN  asked  him  to  comment  on  the  implementation  of                                                            
competition in telecommunications or electric utilities.                                                                        
                                                                                                                                
MR. STRANDBERG  answered that  nearly everyone  in the State  agrees                                                            
that we are coming  of age and competition will be  a good thing for                                                            
us.  However, we cannot  justify state-side solutions to Alaska. One                                                            
of their biggest  tasks is to recognize the special  conditions that                                                            
exist up here - both in the bush and urban areas.                                                                               
                                                                                                                                
SENATOR LEMAN  asked if he was a member  of the American  Society of                                                            
Civil Engineers.                                                                                                                
                                                                                                                                
MR. STRANDBERG  answered  no; he is  a member of  ASME, NSPE,  and a                                                            
number of others.  His contact phone number is 278-5812.                                                                        
                                                                                                                                
Number 461                                                                                                                      
                                                                                                                                
MR. BURNELL  SMITH said he came to  Alaska in 1980 and fell  in love                                                            
with the State.                                                                                                                 
                                                                                                                                
SENATOR LEMAN asked him to comment on competition.                                                                              
                                                                                                                                
MR. SMITH  answered that  he is a firm believer  in competition  and                                                            
also in the regulation  of semi-monopolies.  We have  to protect the                                                            
people.                                                                                                                         
                                                                                                                                
SENATOR LEMAN  noted that  he has a B.S.  in Engineering  Technology                                                            
and asked if he is registered  in Alaska as a professional engineer.                                                            
                                                                                                                                
MR. SMITH replied that he is not.                                                                                               
                                                                                                                                
CHAIRMAN  MACKIE   congratulated   the  Administration  on   putting                                                            
together a good group of people.                                                                                                
                                                                                                                                
SENATOR LEMAN  moved to report the  standard letter indicating  they                                                            
had  heard from  the five  nominees  and noted  this  was not  their                                                            
commitment  to vote  either for or  against the  appointees.   There                                                            
were no objections and it was so ordered.                                                                                       
                                                                                                                                
CHAIRMAN MACKIE adjourned the meeting at 2:10 p.m.                                                                            

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