Legislature(2013 - 2014)CAPITOL 120

04/04/2014 01:00 PM House JUDICIARY


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01:09:50 PM Start
01:10:18 PM Confirmation Hearing(s)|| Board of Governors of the Alaska Bar
01:16:28 PM SB187
01:42:57 PM HB282
02:15:59 PM SB64
03:26:54 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 187 CONFIDENTIAL INFORMATION: MISCONDUCT, RLS TELECONFERENCED
Heard & Held
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Heard & Held
+ Confirmation Hearing: TELECONFERENCED
-Board of Governors of the Alaska Bar Association
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
                 HB 282-LANDLORD AND TENANT ACT                                                                             
                                                                                                                                
1:42:57 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced the next  order of business would be HOUSE                                                               
BILL NO. 282,  "An Act relating to the rights  and obligations of                                                               
residential landlords and tenants; and  relating to the taking of                                                               
a  permanent  fund  dividend  for  rent and  damages  owed  to  a                                                               
residential landlord."                                                                                                          
                                                                                                                                
[Before  the committee  was CSHB  282(L&C),  labeled Version  28-                                                               
LS0930\P, Bullock, 3/20/14.]                                                                                                    
                                                                                                                                
1:43:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOUG ISAACSON,  Alaska State Legislature, speaking                                                               
as the sponsor,  stated that CSHB 282, Version  28-LS0930\P, is a                                                               
landlord  and tenant  bill.   He advised  that much  of the  bill                                                               
reflects  the proposed  changes  in the  Uniform Residential  and                                                               
Landlord Tenant  Act which  is before Congress  but has  not been                                                               
adopted.  He  reminded the committee that  twenty-one states have                                                               
adopted the sample  uniform law.  Two changes to  the uniform act                                                               
found in  HB 282 involve  adding unpaid  rent or damages  owed to                                                               
landlords  to the  list of  conditions found  in AS  43.23.065(b)                                                               
where yearly  Permanent Fund  Dividends can  be garnished,  and a                                                               
provision  for  dry  cabins, which  needs  clarification  on  its                                                               
application in  Alaska.  Representative Isaacson  observed HB 282                                                               
is  a   well-balanced  bill.    In   response  to  Representative                                                               
Gruenberg,  he  said  there  are  four  proposed  amendments  for                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether a landlord  must disclose if                                                               
he is on the Alaska Sex Offender Registry.                                                                                      
                                                                                                                                
REPRESENTATIVE ISAACSON said yes.                                                                                               
                                                                                                                                
REPRESENTATIVE  LEDOUX   then  asked  whether  a   landlord  must                                                               
disclose if  any tenants living  on the  premises are on  the sex                                                               
offender registry, and if not, why not.                                                                                         
                                                                                                                                
1:47:19 PM                                                                                                                    
                                                                                                                                
BRENDA HEWITT, Staff, Representative  Doug Isaacson, Alaska State                                                               
Legislature,  stated  that  the  sponsor  was  advised  by  legal                                                               
counsel  that  it  probably  is not  the  responsibility  of  the                                                               
landlord to  keep tenants  informed and  that tenants  should use                                                               
the registry provided by state law.                                                                                             
                                                                                                                                
REPRESENTATIVE ISAACSON  added that  this question is  similar to                                                               
other occupancy issues in that it  is up to homebuyers or renters                                                               
to find out who their neighbors are.                                                                                            
                                                                                                                                
1:48:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX moved to adopt [Amendment 1] labeled 28-                                                                  
LS0930\P.1, Bullock, 3/20/14 which read:                                                                                        
                                                                                                                                
     Page 7, following line 19:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 10. AS 34.03.080 is  amended by adding a new                                                                
     subsection to read:                                                                                                        
          (e)  If the landlord is registered in the central                                                                     
     registry   of  sex   offenders  and   child  kidnappers                                                                    
     maintained  under  AS 18.65.087,   the  landlord  or  a                                                                    
     person authorized  to enter into a  rental agreement on                                                                    
     behalf of the landlord  shall disclose to an individual                                                                    
     that  the   landlord  is  registered  in   the  central                                                                    
     registry. The disclosure must be  made in writing after                                                                    
     an individual  accepts the offer  to rent  the premises                                                                    
     but  before  the  rental  agreement  is  signed.  After                                                                    
     receiving  the   notice  under  this   subsection,  the                                                                    
     individual may decline to rent the premises."                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 13, following line 1:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 18. AS 34.03.360(11) is amended to read:                                                                    
               (11)  "landlord" means the owner, lessor, or                                                                     
     sublessor  of  the dwelling  unit  or  the building  of                                                                    
     which it is a part, and  it also means a manager of the                                                                    
     premises  who   fails  to   disclose  as   required  by                                                                    
     AS 34.03.080(a) - (c) [AS 34.03.080];"                                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 13, line 30:                                                                                                          
          Delete "Sections 4 - 16"                                                                                              
          Insert "Sections 4 - 18"                                                                                              
                                                                                                                                
CHAIR KELLER objected for the purpose of discussion.                                                                            
                                                                                                                                
REPRESENTATIVE LEDOUX  posed a scenario wherein  six months after                                                               
one has  done their  "due diligence," signed  a lease,  and moved                                                               
in,  the landlord  rents  to someone  who is  listed  on the  sex                                                               
offender registry.  She asked  whether that is grounds to default                                                               
on the lease.                                                                                                                   
                                                                                                                                
1:49:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON  said  no.     He  opined  that  putting                                                               
unrealistic  demands  on  a  landlord  for  actions  "that  might                                                               
happen," creates  too much risk  and many landlords  may withdraw                                                               
their  properties  and  reduce  the  availability  of  affordable                                                               
housing for  tenants.  He  deferred to  the Department of  Law to                                                               
further address the question.                                                                                                   
                                                                                                                                
1:50:37 PM                                                                                                                    
                                                                                                                                
CLYDE  (ED)  SNIFFEN  Jr.,  Senior  Assistant  Attorney  General,                                                               
Commercial and Fair  Business Section, Civil Division(Anchorage),                                                               
Department  of  Law, informed  the  committee  he serves  in  the                                                               
Consumer  Protection Unit  at the  Department of  Law (DOL).   He                                                               
stated that  it is  equally incumbent  upon tenants  to determine                                                               
the  status of  individuals  in  a unit.    There  is no  special                                                               
knowledge  that a  landlord would  have access  to that  a tenant                                                               
would not.   Regarding a  circumstance wherein someone  is placed                                                               
on  the registry  after a  tenant has  moved in,  he agreed  with                                                               
Representative  Isaacson  that  "those things  happen,"  and  the                                                               
remedies are  to discuss the issue  with the landlord or  to move                                                               
at the end of the lease.                                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX understood.   However, she pointed out that                                                               
section 14  of the proposed bill  allows a tenant to  terminate a                                                               
rental agreement if the tenant  is a victim of domestic violence.                                                               
She  opined the  aforementioned circumstance  is also  applicable                                                               
under the  same argument of  "things happen, and it  shouldn't be                                                               
the landlord's responsibility."                                                                                                 
                                                                                                                                
MR. SNIFFEN  advised that proposed  section 14, which  allows the                                                               
victim  of domestic  violence to  terminate a  lease, requires  a                                                               
showing  of serious  conduct,  followed by  a  filing of  reports                                                               
establishing  a  salient  issue.     However,  the  risk  from  a                                                               
registered sex  offender is unknown.   He  said, "I can  see some                                                               
parallels, but I think they are a little different."                                                                            
                                                                                                                                
1:54:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   stated  that  if  two   parties  jointly                                                               
purchase a  house, but domestic  violence occurred and  one party                                                               
wanted to  move out, that  circumstance would not  release either                                                               
party from their mortgage.                                                                                                      
                                                                                                                                
MR.  SNIFFEN  said  correct.    Depending on  the  terms  of  the                                                               
mortgage, if  the person living in  the house could not  make the                                                               
obligations  of  the  mortgage, the  lender  could  foreclose  or                                                               
refinance.    In  a  rental  scenario, most  of  the  issues  are                                                               
addressed in  the rental  agreement; for  example, one  party may                                                               
leave for  a variety  of reasons  and the  landlord may  have the                                                               
right to renegotiate the rental  agreement or evict the remaining                                                               
tenant.                                                                                                                         
                                                                                                                                
CHAIR KELLER  suggested that  the sponsor of  the bill  work with                                                               
individual members of the committee to resolve questions.                                                                       
                                                                                                                                
REPRESENTATIVE LYNN  asked whether  a landlord  has the  right to                                                               
refuse to lease  or rent to an applicant who  is a registered sex                                                               
offender.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  ISAACSON deferred  to  Mr. Sniffen.   In  further                                                               
response to Representative Lynn, he  said he did not believe that                                                               
circumstance was an  express provision of the  proposed bill, and                                                               
that further information would be provided to the committee.                                                                    
                                                                                                                                
1:59:09 PM                                                                                                                    
                                                                                                                                
DICK  BLOCK,  Mellen  Investment Company,  noted  his  previously                                                               
submitted  written  testimony  was   included  in  the  committee                                                               
packet.  He concurred with  the concerns stated by Representative                                                               
LeDoux,  adding that  he did  not think  proposed section  14 was                                                               
necessary; however,  if section 14  is appropriate from  a public                                                               
policy  standpoint, Mr.  Block strongly  urged  the committee  to                                                               
review the  amendments he submitted  in his written  testimony in                                                               
order to ensure clarity in the proposed bill.                                                                                   
                                                                                                                                
2:00:43 PM                                                                                                                    
                                                                                                                                
KIRK  MAYNARD,   Owner/Broker,  Coldwell  Banker   Gold  Country,                                                               
informed  the   committee  his  company  has   been  in  property                                                               
management  approximately  six  years and  manages  approximately                                                               
four hundred "doors."  He said  since there was a lot of material                                                               
to review  regarding the bill  and proposed amendments,  he would                                                               
defer his testimony to the next hearing.                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG recalled  the Seventeenth  Alaska State                                                               
Legislature  addressed  property  disclosure  requirements.    He                                                               
suggested researching current disclosure  laws to find precedence                                                               
for this debate.                                                                                                                
                                                                                                                                
2:03:54 PM                                                                                                                    
                                                                                                                                
[The motion  by Representative  LeDoux to  adopt Amendment  1 was                                                               
left  pending with  an objection  for the  purpose of  discussion                                                               
from Chair Keller.  HB 282 was heard and held.]                                                                                 

Document Name Date/Time Subjects
SB 64 Document~DOC Response to March 28 H Judiciary Questions.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 187 Sponsor Statement.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187~Explanation of Changes.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Sectional Analysis.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187~Explanation of Changes.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~DOC.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~OPA.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~LAW.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~PDA.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
CSSB 187 (JUD) Revised Fiscal Note~OPA.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~Rule 37.5 Access to Court Records.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~CINA Rule 8.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~AK Forensic Child Interview Roundtable.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~AK Criminal Procedure Rule 16(d).pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 187 Support Document~AK Children's Justice Act Task Force.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 64 Proposed Amendment L.9.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.21.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Support Letter Cook Inlet Tribal Council.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Opposition Letter~Babette Miller.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.18.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
HCSCSSB 187 (JUD) ver. P Draft.pdf HJUD 4/4/2014 1:00:00 PM
SB 187
SB 64 Proposed Amendment L.15 (Unlawful Evasion).pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.24.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
SB 64 Proposed Amendment L.28.pdf HJUD 4/4/2014 1:00:00 PM
SB 64
HCSCSSB 187 (JUD) Conceptual Amendment.pdf HJUD 4/4/2014 1:00:00 PM
SB 187