Legislature(2023 - 2024)GRUENBERG 120
02/14/2024 01:00 PM House JUDICIARY
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Audio | Topic |
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Start | |
HB97 | |
HB161 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
+= | HB 97 | TELECONFERENCED | |
+= | HB 161 | TELECONFERENCED | |
HB 161-CIVIL LEGAL SERVICES FUND 1:44:18 PM CHAIR VANCE announced that the final order of business would be HOUSE BILL NO. 161, "An Act relating to appropriations to the civil legal services fund." 1:44:36 PM REPRESENTATIVE ALLARD moved to adopt Amendment 1 to HB 161, labeled 33-LS0746\A.1, A. Radford, 2/9/24, which read: Page 1, line 1: Delete "appropriations to" Page 1, line 11, following "individuals.": Insert "An organization may not use funds received under this section to provide legal assistance for issues arising under AS 34.03 (Uniform Residential Landlord and Tenant Act)." REPRESENTATIVE CARPENTER objected for the purpose of discussion. 1:44:41 PM REPRESENTATIVE ALLARD explained that she was moving Amendment 1 because she continues to hear landlords complaining that the Alaska Legal Services Corporation (ALSC) unjustifiably targets them. She said she was certain that some cases are legitimate; however, there seemed to be a bias against landlords. She said the proposed amendment would restrict the use of [civil legal services] funds to activities connected with the Landlord Tenant Act. 1:46:56 PM REPRESENTATIVE GRAY asked for the bill sponsor's stance on Amendment 1. 1:47:06 PM RACHAEL GUNN, Staff, Representative Stanley Wright, Alaska State Legislature, on behalf of Representative Wright, prime sponsor of HB 161, stated that Amendment 1 aimed to exclude a specific area of legal assistance from the funding scope of the bill. She added that the sponsor opposed the amendment for the following reasons: it would introduce administrative and operational challenges for ALSC, potentially causing an "accounting nightmare" due to the need to segregate funding based on the type of legal assistance required. More critically, the restrictions on using funds could impact individuals in dire situations, such as those attempting to escape domestic violence. She reported that ALSC processed 87 percent of its housing cases with no court involvement. On average, housing cases represent 15 percent of ALSC's total caseload, which is around 700 cases per year. REPRESENTATIVE GRAY asked whether landlords use ALSC's landlord tenant hotline. 1:50:01 PM MAGGIE HUMM, Interim Executive Director, Alaska Legal Services Corporation (ALSC), said yes, both landlords and tenants can call into the hotline. REPRESENTATIVE GRAY asked whether Amendment 1 would prevent landlords from receiving assistance from the hotline. MS. HUMM said Amendment 1 would affect any work done under the Landlord Tenant Act, which applies to landlords and tenants equally. 1:50:52 PM REPRESENTATIVE GROH asked whether ALSC's representation in landlord tenant cases sometimes involve veterans. MS. HUMM answered yes, veterans, seniors, those experiencing disabilities or domestic violence are all represented in landlord tenant cases. 1:51:52 PM REPRESENTATIVE CARPENTER pointed out that the deletion of the words "appropriations to" on page 1, line 1, would change the title of the bill. He suggested that to maintain the underlying purpose of the bill, the first part of the amendment may be out of order. In addition, he was unsure how Amendment 1 would be enforced. 1:53:26 PM The committee took an at-ease from 1:53 p.m. to 2:05 p.m. 2:05:50 PM REPRESENTATIVE CARPENTER restated his question and asked whether the deletion of "appropriations to" from the bill title was necessary to achieve the purpose of the proposed amendment and whether it would conflict with the bill's intent. 2:07:01 PM CONRAN GUNTHER, Attorney, Legislative Legal Services, Legislative Affairs Agency (LAA), shared his understanding that deleting "appropriations" would make the bill broader in scope. REPRESENTATIVE CARPENTER asked whether the deletion would require a title change vote on the House floor. MR. GUNTHER answered no. REPRESENTATIVE CARPENTER asked whether lines 5-7 of Amendment 1 would be enforceable from a legal perspective. MR. GUNTHER said to the same extent that any action is prohibited by statute is enforceable. He acknowledged that there is no specific penalty, so seeking an injunction on the action would be the primary enforcement. 2:09:06 PM REPRESENTATIVE ALLARD, in wrap up, stated that Amendment 1 would require the ALSC to use federal dollars for landlord tenant disputes. She reasoned that the proposed amendment would allow state dollars to be better utilized for victims of domestic violence, divorce, etcetera. 2:10:05 PM REPRESENTATIVE GROH maintained his objection. 2:10:17 PM A roll call vote was taken. Representatives Allard, Carpenter, Sumner, and Vance voted in favor of Amendment 1. Representatives Groh and Gray voted against it. Therefore, Amendment 1 was adopted by a vote of 4-2. CHAIR VANCE sought final comments from committee members. 2:11:02 PM REPRESENTATIVE GROH said he was supportive of the bill; however, he characterized the adoption of Amendment 1 as unfortunate, adding that it hurts the bill and reduces its effectiveness. CHAIR VANCE sought final comment from the bill sponsor. 2:12:04 PM MS. GUNN thanked the committee and shared her belief that Amendment 1 was detrimental to the spirit of the bill. She reported that in the Alaska Court System, 69 percent of landlords have representation, while only 3 percent of tenants have representation. 2:12:41 PM REPRESENTATIVE ALLARD moved to report HB 161, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 161(JUD) was reported from the House Judiciary Standing Committee.
Document Name | Date/Time | Subjects |
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HB 161 - Amendment #1 (A.1) by Rep. Allard.pdf |
HJUD 2/14/2024 1:00:00 PM |
HB 161 |