Legislature(2013 - 2014)CAPITOL 120

04/09/2014 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
--Delayed to 1:20 p.m. Today--
+ SB 108 CONFIDENTIALITY OF CRIMINAL CASE RECORDS TELECONFERENCED
<Bill Hearing Canceled>
+ SB 116 SERVICE OF CITATIONS TELECONFERENCED
Moved Out of Committee
+ SB 170 AFFIRMATIVE DEFENSE TO PROSTITUTION TELECONFERENCED
Scheduled But Not Heard
+ SJR 22 OPPOSE WARRANTLESS DATA COLLECTION TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 64 OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL TELECONFERENCED
Moved HCS CSSB 64(JUD) Out of Committee
-- Testimony <Invitation Only> --
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Moved CSHB 282(JUD) Out of Committee
+= HB 108 SURCHARGE ON FINES/ELEC. CITATION FUND TELECONFERENCED
<Bill Hearing Canceled>
+= HB 60 UNIFORM REAL PROPERTY TRANSFERS ON DEATH TELECONFERENCED
Moved CSHB 60(JUD) Out of Committee
                 HB 282-LANDLORD AND TENANT ACT                                                                             
                                                                                                                                
1:25:36 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  first 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."                                                                                                
                                                                                                                                
1:26:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DOUG ISAACSON,  Alaska State Legislature, speaking                                                               
as the sponsor,  introduced the committee substitute  (CS) for HB
282,  labeled   28-LS0930\Y,  Bullock,   4/8/14.     He  directed                                                               
attention to a  comparison which was descriptive  of the proposed                                                               
CS for  HB 282, Version  Y, which  was provided in  the committee                                                               
packet.                                                                                                                         
                                                                                                                                
1:28:22 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:28 p.m. to 1:29 p.m.                                                                       
                                                                                                                                
1:30:03 [PM                                                                                                                   
                                                                                                                                
BRENDA HEWITT, Staff, Representative  Doug Isaacson, Alaska State                                                               
Legislature,  stated  her  belief  that  all  of  the  amendments                                                               
offered at the  House Judiciary Standing Committee  of 4/7/14 are                                                               
incorporated  in the  proposed CS  for HB  282, Version  Y.   She                                                               
began a sectional analysis, pointing  out that in order to retain                                                               
the word  "Uniform," sections 1,  2, 3,  and 17 were  removed and                                                               
the remaining sections were renumbered.                                                                                         
                                                                                                                                
1:30:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  made a motion  to adopt the proposed  CS for                                                               
HB  282, labeled  28-LS0930\Y, Bullock,  4/8/14, [as  the working                                                               
draft.   There  being  no  objection, Version  Y  was before  the                                                               
committee.]                                                                                                                     
                                                                                                                                
MS. HEWITT  returned to  the sectional  analysis and  said former                                                               
section 4 is  now section 1, which changes the  word "parties" to                                                               
"landlord and tenant."  Former section  5 is now section 2, which                                                               
reaffirms that the  maximum amount of prepaid rent  or deposit is                                                               
two  months, unless  another month  is  added for  pets.   Former                                                               
section  6 is  now section  3,  which provides  a definition  for                                                               
normal wear and  tear.  Former section 7 is  now section 4, which                                                               
provides  for  the  landlord  to   separately  account  for  each                                                               
tenant's prepaid rent and security  deposit.  Former section 8 is                                                               
now section  5, which  allows the  landlord 30  days to  return a                                                               
damage deposit  if there has  been damage.   Former section  9 is                                                               
now  section 6,  which  permits for  the  additional deposit  for                                                               
pets,  defines  normal  wear  and  tear,  and  also  defines  the                                                               
difference  between  a  service  animal  and  a  comfort  animal.                                                               
Former section  10 is now  section 7,  which directs that  both a                                                               
landlord and  a tenant sign  a premises condition  statement when                                                               
the  tenant takes  occupancy  in order  to  determine damage  and                                                               
normal wear and tear.  Former  section 11 is now section 8, which                                                               
allows  for the  rental of  dry  cabins, if  both parties  agree.                                                               
Former section 12 is now section  9, which allows the landlord to                                                               
restrict the number  of inhabitants and to add the  words "or the                                                               
rental agreement."   Former section  13 is now section  10, which                                                               
adds a new  subsection to allow the landlord to  request a tenant                                                               
to  return  the dwelling  in  substantially  the same  condition,                                                               
including professional  cleaning of the carpets.   Former section                                                               
14  was removed.   Former  section 15  is now  section 11,  which                                                               
allows  the landlord  an expedited  eviction process  for tenants                                                               
who are  engaged in illegal  activities.  Former sections  16 and                                                               
17 were  removed.   Former section  18 is  now section  12, which                                                               
allows  landlords   to  collect  unpaid  rent   from  a  person's                                                               
Permanent  Fund  Dividend  by  the  eighth  priority  ranking  of                                                               
involuntary deductions.                                                                                                         
                                                                                                                                
REPRESENTATIVE LEDOUX  directed attention  to proposed  section 2                                                               
on page 2, lines 4-8, which read:                                                                                               
                                                                                                                                
     (a) Except  as provided in  (h) of this section,  a [A]                                                                
     landlord may  not demand or  receive prepaid rent  or a                                                                    
     security deposit, however denominated,  in an amount or                                                                    
     value in  excess of  two months'  periodic rent.   This                                                                    
     section does not  apply to rental units  where the rent                                                                    
     exceeds $2,000 a month.                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked for the  reason this section does not                                                               
apply to units where the rent exceeds $2,000 a month.                                                                           
                                                                                                                                
MS. HEWITT answered that this is  part of the current law and she                                                               
was unsure of the reasoning.                                                                                                    
                                                                                                                                
1:34:50 PM                                                                                                                    
                                                                                                                                
CLYDE  (ED)  SNIFFEN,  Jr., Senior  Assistant  Attorney  General,                                                               
Commercial   and   Fair    Business   Section,   Civil   Division                                                               
(Anchorage), Department of  Law, said he did not  know, but could                                                               
provide an answer at a later date.                                                                                              
                                                                                                                                
REPRESENTATIVE LEDOUX  said she  would appreciate an  answer, but                                                               
she would not hold up the bill.                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG suggested  that higher security deposits                                                               
are recommended for very expensive units.                                                                                       
                                                                                                                                
MS.  HEWITT,  in  response  to  a  question  from  Representative                                                               
Gruenberg,  clarified that  a typographical  error  was found  on                                                               
page 3  of the sectional analysis  related to section 9,  but the                                                               
error is not found in the bill.                                                                                                 
                                                                                                                                
1:37:33 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony.                                                                                               
                                                                                                                                
1:38:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  made a  motion to  report the  proposed CS                                                               
for  HB  282,  Version  28-LS0930\Y,   Bullock,  4/8/14,  out  of                                                               
committee, with  individual recommendations and  the accompanying                                                               
zero fiscal  note.  There  being no objection, CSHB  282(JUD) was                                                               
reported out of the House Judiciary Standing Committee.                                                                         

Document Name Date/Time Subjects
SB116-Sponsor Statement.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
CSSB 116 (STA) ver. O.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Explanation of Changes Version O.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB 116 ver. N.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Civil Rule 4.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Minor Offense Rule 3.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support APOA.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support Chiefs of Police.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support FairbanksNSB.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB116-Letter of Support Mat-SuBorough.pdf HJUD 4/9/2014 1:00:00 PM
SB 116
SB170 Sponsor Statement.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Sectional Analysis.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 ver. U.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Rsrch_Polaris Project Report.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Rsrch_NCSL Report.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Rsrch_Ad Hoc NGO Rpt Recommended Actions.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Media_Las Vegas Man Sentenced.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Media_HuffPost Trafficking in AK.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 Media_AK Dispatch.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SB170 FBI Statement.pdf HJUD 4/9/2014 1:00:00 PM
SB 170
SJR 22 Sponsor Statement NSA.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 ver. U.a.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 ver. U.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 NSA Audit article.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 NSA Florida.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 NSA Perfect Storm.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 Rand Paul lawsuit.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 Support Document~RAND Facts About the Metadata Menace.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR 22 Support Document~States Banning Snooping.PDF HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 ABA Journal.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Americans find swift stonewall on whether NSA vacuumed their data.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Facts About the Metadata.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Judge Rules Unconstitutional.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 NYtimes Data Disclosure Rules.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
SJR22 Snowden.pdf HJUD 4/9/2014 1:00:00 PM
SJR 22
CSHB 282 (JUD) ver. Y.pdf HJUD 4/9/2014 1:00:00 PM
HB 282
CSHB 282~Changes between L&C and JUD Versions.pdf HJUD 4/9/2014 1:00:00 PM
HB 282
HCSCSSB 64 (JUD) ver. M.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
SB 64~OVR Letter in Opposiiton to SB 108 Language in SB 64.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
SB 108
HB 60 Support Letter~AK Bankers Association.pdf HJUD 4/9/2014 1:00:00 PM
HB 60
SB 64 Support Letter~Mary Geddes.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
SB 64~DOC Response to April 4 Judiciary Questions.pdf HJUD 4/9/2014 1:00:00 PM
SB 64
6.4 Support Letters of SB108.PDF HJUD 4/9/2014 1:00:00 PM
SB 108
6.4 Support of SB108 - Carmen Gutierrez.pdf HJUD 4/9/2014 1:00:00 PM
SB 108
6.4 Support of SB108 - Dr. Donna Klecka.pdf HJUD 4/9/2014 1:00:00 PM
SB 108
6.4 Support of SB108 - James Noble.pdf HJUD 4/9/2014 1:00:00 PM
SB 108