Legislature(2013 - 2014)CAPITOL 120

04/07/2014 01:00 PM House JUDICIARY


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01:09:24 PM Start
01:11:13 PM Confirmation Hearings: || Confirmation Hearings:
01:15:07 PM HB214
01:35:10 PM Confirmation Hearings: || Confirmation Hearings:
01:36:44 PM HB214
01:46:40 PM HB282
01:52:27 PM HB375
02:23:39 PM HB60
02:47:46 PM HB282
03:06:58 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Contirmation Hearing: TELECONFERENCED
- Select Committee on Legislative Ethics
+ HB 60 UNIFORM REAL PROPERTY TRANSFERS ON DEATH TELECONFERENCED
Heard & Held
+ HB 214 MENTAL HEALTH PATIENT RIGHTS & GRIEVANCES TELECONFERENCED
Moved CSHB 214(JUD) Out of Committee
*+ HB 381 UNLAWFUL EVASION TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 375 CRIMINAL TRESPASS ON PRIVATE PROPERTY TELECONFERENCED
Moved CSHB 375(JUD) Out of Committee
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
<Bill Hearing Canceled>
+= HB 108 SURCHARGE ON FINES/ELEC. CITATION FUND TELECONFERENCED
Scheduled But Not Heard
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
                 HB 282-LANDLORD AND TENANT ACT                                                                             
                                                                                                                                
1:46:40 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that 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."                                                                                                
                                                                                                                                
REPRESENTATIVE LYNN moved to adopt  the latest version of HB 282.                                                               
Hearing no objection, CSHB 282(L&C) was before the committee.                                                                   
                                                                                                                                
1:48:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOUG  ISAACSON, Alaska State  Legislature, thanked                                                               
the members  who worked  with him  on HB 282.   There  are recent                                                               
changes, he noted.                                                                                                              
                                                                                                                                
BRENDA  HEWITT,  Staff to  Senator  Doug  Isaacson, Alaska  State                                                               
Legislature, said  she has spoken  with the members  and believes                                                               
that there will  be a conceptual amendment to  remove Section 14,                                                               
which deals with  domestic violence and an  early departure [from                                                               
a rental unit].   The issue will be addressed  in the new Uniform                                                               
Residential Landlord  Tenant Act,  "and so  they'd be  willing to                                                               
wait a couple  years for that to be finished  and then bring that                                                               
back as a separate item," she said.                                                                                             
                                                                                                                                
CHAIR KELLER  said that sounds good;  it was a sticking  point so                                                               
"that will make it a lot easier."                                                                                               
                                                                                                                                
MS. HEWITT said  if Section 14 is deleted, "it  also means we may                                                               
be able to delete [AS 34.03.330(b)(9)],"  which is on page 12 and                                                               
13, because it will be unnecessary.                                                                                             
                                                                                                                                
1:49:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked  if both of those will  be part of                                                               
a single  amendment and if there  is anything else that  would go                                                               
into that amendment.                                                                                                            
                                                                                                                                
CHAIR  KELLER  asked  if  this   was  a  written  amendment  that                                                               
Representative Isaacson gave the committee or if it was new.                                                                    
                                                                                                                                
1:50:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON   answered  that  the   only  amendments                                                               
[distributed  to  the  committee]  he is  asking  to  retain  are                                                               
Amendments 3 and  5.  He said he will  offer two more amendments;                                                               
one would  delete Section 14  and [AS 34.03.330(b)(9)],  as noted                                                               
by Ms.  Hewitt.  Additionally, "it  has been given to  us that we                                                               
should retain the word 'uniform' as  long as possible, and so the                                                               
very first  part of this  bill, page 1,  line 6, through  page 4,                                                               
line  28, would  actually be  deleted."   He said,  "We would  be                                                               
deleting the deletion  of 'uniform' in order  to retain 'uniform'                                                               
as there  is value  in the  court process  until the  powers that                                                               
govern  the  uniform  tenant  ... decree  that  we're  no  longer                                                               
uniform."                                                                                                                       
                                                                                                                                
1:51:25 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER said he will set the  bill aside and try to get back                                                               
to it later today.  The  committee needs a list of amendments and                                                               
copies for each member, he stated.                                                                                              
                                                                                                                                
CHAIR KELLER announced that HB 282  was set aside.  [The bill was                                                               
considered later in the same hearing.]                                                                                          
                                                                                                                                
                 HB 282-LANDLORD AND TENANT ACT                                                                             
                                                                                                                                
2:47:46 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that 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."   [HB 282 was also heard earlier                                                               
in this hearing.]                                                                                                               
                                                                                                                                
The committee took an at-ease from 2:47 p.m. to 2:50 p.m.                                                                       
                                                                                                                                
2:50:18 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER   announced  what  the  committee   will  cover  on                                                               
Wednesday.                                                                                                                      
                                                                                                                                
2:50:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOUG  ISAACSON, Alaska State Legislature,  said he                                                               
has provided an  amendment analysis for version P of  HB 282.  Of                                                               
the  eight amendments  here, he  stated,  he is  asking that  the                                                               
committee not  move Amendment 1.   He noted that Amendment  2 was                                                               
previously deleted, and he would  like Amendment 3 to be offered.                                                               
He said  he does not want  the committee to adopt  Amendment 4 or                                                               
5, and he would like Amendments  6 and 7 and Conceptual Amendment                                                               
8 to be offered.  He spoke of what he called Amendment 3.                                                                       
                                                                                                                                
2:52:04 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER clarified  that he  was speaking  of the  amendment                                                               
labeled P.3, which will be Amendment 1.                                                                                         
                                                                                                                                
UNIDENTIFIED  SPEAKER moved  to adopt  Amendment 1,  [labeled 28-                                                               
LS0930\P.3,  Bullock, 3/25/14]  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 10, line 1:                                                                                                           
                                                                                                                                
          Delete "or"                                                                                                       
                                                                                                                                
          Insert ", by a"                                                                                                   
                                                                                                                                
                                                                                                                                
     Page 10, line 2, following "premises":                                                                                 
                                                                                                                                
          Insert ", or the rental agreement"                                                                                
                                                                                                                                
                                                                                                                                
2:52:30 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
REPRESENTATIVE  ISAACSON   said  in   absence  of  a   local  law                                                               
restricting the number  of people in a dwelling,  the language in                                                               
Amendment 1  allows the landlord  to set the number  of occupants                                                               
in the rental agreement.                                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX asked if that was not allowed previously.                                                                 
                                                                                                                                
BRENDA  HEWITT, Staff,  to Senator  Doug  Isaacson, Alaska  State                                                               
Legislature, said it is her  understanding that landlords are not                                                               
able to make those restrictions.                                                                                                
                                                                                                                                
2:53:33 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER removed  his  objection.   There  being no  further                                                               
objections, Amendment 1 was adopted.                                                                                            
                                                                                                                                
REPRESENTATIVE PRUITT moved to adopt Amendment 2, [labeled 28-                                                                  
LS0930\P.6,  Bullock, 4/7/14],  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 10, line 10, through page 11, line 5:                                                                                 
                                                                                                                                
          Delete all material.                                                                                                  
                                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
     Page 13, line 30:                                                                                                          
                                                                                                                                
          Delete "Sections 4 - 16"                                                                                              
                                                                                                                                
          Insert "Sections 4 - 15"                                                                                              
                                                                                                                                
2:54:39 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
REPRESENTATIVE  ISAACSON said  the  Uniform Residential  Landlord                                                               
Tenant Act pending  in Congress is "vetting a lot  of this issue.                                                               
It was  suggested that  we remove this  section until  those have                                                               
been  covered on  the federal  side  just for  the best  clarity.                                                               
This subject  has a lot  of tentacles to  it and all  the parties                                                               
are willing  to wait until  it's finalized  and bring it  back as                                                               
its own bill later."                                                                                                            
                                                                                                                                
2:54:46 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  clarified that  Amendment  2  deletes Section  14,                                                               
pages 10-11 from HB 282.   He removed his objection.  There being                                                               
no further objections, Amendment 2 was adopted.                                                                                 
                                                                                                                                
2:54:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  moved Amendment 3,  labeled 28-LS0930\P.7,                                                               
Bullock, 4/7/14, as follows [original punctuation provided]:                                                                    
                                                                                                                                
     Page 12, lines 15 - 16:                                                                                                    
                                                                                                                                
          Delete "in this paragraph, "transient occupancy"                                                                  
                                                                                                                                
      means the presence or stay of an individual for less                                                                  
                                                                                                                                
     than 30 consecutive days;"                                                                                             
                                                                                                                                
                                                                                                                                
     Page 12, line 28, through page 13, line 1:                                                                                 
                                                                                                                                
          Delete ";                                                                                                         
                                                                                                                                
               (9)  occupancy by an individual who is a                                                                     
                                                                                                                                
     victim  of trauma  from a  sexual  assault or  domestic                                                                
                                                                                                                                
     violence and  who is receiving housing  assistance from                                                                
                                                                                                                                
     a victim counseling center;  in this paragraph, "victim                                                                
                                                                                                                                
     counseling   center"   has   the   meaning   given   in                                                                
     AS 18.66.250"                                                                                                          
                                                                                                                                
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
REPRESENTATIVE  ISAACSON said  there were  issues with  transient                                                               
occupancy.   It will be  dealt with  separately, he noted.   With                                                               
Amendment 5  "we're also noting  that [paragraph] 9, as  noted on                                                               
the page,  is also  no longer necessary,  so we're  deleting that                                                               
section."                                                                                                                       
                                                                                                                                
2:55:57 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  clarified that Amendment  5 deletes page  12, lines                                                               
15 and 16.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ISAACSON noted  that line 28 on page  12 will also                                                               
be deleted.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  expressed his  belief that  the cleaner                                                               
way of accomplishing that is to  strike Section 16 from the bill,                                                               
"because that is all that 16 does."                                                                                             
                                                                                                                                
2:56:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT withdrew his [motion].                                                                                    
                                                                                                                                
2:57:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered   Conceptual  Amendment  4  to                                                               
strike Section 16 on pages 12-13.                                                                                               
                                                                                                                                
2:57:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON asked about the amendment.                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  it  is crystal  clear  that  the                                                               
current law  will remain: AS  34.03.330(b) is  totally unchanged,                                                               
the regular text remains, and none of the new language goes in.                                                                 
                                                                                                                                
2:58:23 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  clarified that Conceptual Amendment  4 deletes page                                                               
12, line  3, through page  13, line 1,  which is the  entirety of                                                               
Section 16.                                                                                                                     
                                                                                                                                
REPRESENTATIVE PRUITT said this approach is cleaner.                                                                            
                                                                                                                                
There being no objection, Conceptual Amendment 4 was adopted.                                                                   
                                                                                                                                
2:59:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON said his  next amendment retains the word                                                               
"uniform" on page 1,  line 6; page 4, line 28;  and page 13, line                                                               
3,  "so  it  basically  deletes several  sections  that  we  were                                                               
originally removing the  word 'uniform', now it  has been advised                                                               
that we  retain it for  purposes of  benefit to the  residents of                                                               
the state."                                                                                                                     
                                                                                                                                
2:59:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he asked  Representative Isaacson                                                               
to leave the  title unchanged in AS 34.03.330  because unless the                                                               
commissioners on  uniform state  law say the  state is  no longer                                                               
uniform,  "we should  be uniform;  it's  a great  benefit."   The                                                               
decisions  from other  states  have  persuasive and  precedential                                                               
value, he said.  Additionally,  the commissioners will be able to                                                               
look at  the final product, because  it is unknown what  might be                                                               
done on the  floor and by the  Senate, and it is  premature to do                                                               
that now, he explained.                                                                                                         
                                                                                                                                
CHAIR  KELLER  said  Representative Gruenberg  is  talking  about                                                               
Conceptual Amendment 5.  He asked him to make his motion.                                                                       
                                                                                                                                
3:01:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to  delete Section  17 of  HB 282                                                               
and  retain the  term  "Uniform Residential  Landlord and  Tenant                                                               
Act," or anything  like that where ever it appears.   "So the law                                                               
would remain unchanged, but we  basically take out Section 17 and                                                               
conform  the rest  of the  bill  so that  we still  refer to  the                                                               
uniform act."                                                                                                                   
                                                                                                                                
3:01:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON said  he believes  what is  really being                                                               
offered is removing  "uniform" in Sections 1, 2, and  3.  By just                                                               
deleting Sections  1, 2, 3,  and 17, that would  be accomplished,                                                               
he said.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  agreed and  moved to delete  Section 1,                                                               
pages 1-3; Section  2, pages 3-4; Section 3, page  4; and Section                                                               
17, page 13 from HB 282.                                                                                                        
                                                                                                                                
CHAIR KELLER objected.  That is  Amendment 5, and it is to delete                                                               
Sections  1-3 and  Section  17 from  the bill.    He removed  his                                                               
objection  and  there  being no  further  objections,  Conceptual                                                               
Amendment 5 was adopted.                                                                                                        
                                                                                                                                
3:04:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  that somebody  handed  out  some                                                               
definitions [of terms contained in HB 282].                                                                                     
                                                                                                                                
REPRESENTATIVE ISAACSON said the bill  still has the pet deposit;                                                               
the  definition of  normal wear  and tear;  the requirement  that                                                               
landlords maintain  a separate accounting of  security funds; the                                                               
confirmation of  premise condition; the allowance  of dry cabins;                                                               
the allowance of  landlords to restrict the number  of persons in                                                               
a  dwelling; the  allowance for  landlords to  evict tenants  for                                                               
illegal  activities; and  the allowance  for landlords  to attach                                                               
the Alaska  Permanent Fund dividend  for unpaid rent  or damages.                                                               
Therefore, he said,  HB 282 still "does extensive  work that will                                                               
help both  the tenant and  the landlord have safe  and affordable                                                               
housing."                                                                                                                       
                                                                                                                                
3:05:58 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER said  he will get a  CS to the committee  as soon as                                                               
it is available.  He set HB 282 aside.                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG said he thinks it is a good bill.                                                                      
                                                                                                                                
REPRESENTATIVE LYNN  said he is  ready to buy income  property or                                                               
to [become a renter] once this bill passes.                                                                                     

Document Name Date/Time Subjects
HB 60 Support Letter~Alaska Commission on Aging.pdf HJUD 4/7/2014 1:00:00 PM
HB 60
HB60 Supporting Documents-Letter Caroline Wanamaker 3-20-14.pdf HJUD 4/7/2014 1:00:00 PM
HB 60
HB 214 Sponsor Statement.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB214 Draft ver. P.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 Explanation of Changes Draft ver. P.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 Draft ver. P Sectional Analysis.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 (HSS) ver. O.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 (HSS) Explanation of Changes ver. O.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 (HSS) ver. O Sectional Analysis.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
HB 214 Leg. Legal Opinion.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
HB 214 Letter from JAMHI.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
HB 214 Support Letter~Dorrance Collins.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
HB 214 Support Letter~Faith Myers.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CS HB 108 Sponsor Statement ver. P.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
CS HB 108 ver. P.PDF HJUD 4/7/2014 1:00:00 PM
HB 108
CS HB 108 Sectional Analysis 2014.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
HB 108 Letter of Support-Juneau Police Department.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
HB 108 Letter of Support-AK Association of Chiefs of Police.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
Funding History of TraCS Program.PDF HJUD 4/7/2014 1:00:00 PM
HB 108
HB 108 Support Document~Agencies currently using TraCS.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
HB 108 Support Document~Traffic stops are a danger zone for officers.pdf HJUD 4/7/2014 1:00:00 PM
HB 108
CSHB 60 Draft ver. Y.pdf HJUD 4/7/2014 1:00:00 PM
HB 60
HB 60 Sectional Analysis ver. Y.pdf HJUD 4/7/2014 1:00:00 PM
HB 60
HB 60 Legal Memo describing changes between Ver Y and Ver P.pdf HJUD 4/7/2014 1:00:00 PM
HB 60
CSHB 214 ver. Y.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 Sectional Analysis ver. Y.pdf HJUD 4/7/2014 1:00:00 PM
HB 214
CSHB 214 ver. Y Explanation of Changes.pdf HJUD 4/7/2014 1:00:00 PM
HB 214