Legislature(2005 - 2006)

04/30/2005 02:15 PM L&C

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
SB 137-EVICTIONS FROM UNIV. STUDENT HOUSING                                                                                   
CHAIR ANDERSON  announced that the  next order of  business would                                                               
be SENATE  BILL NO.  137, "An Act  providing that  an institution                                                               
providing  accommodations  exempt  from  the  provisions  of  the                                                               
Uniform  Residential Landlord  and Tenant  Act may  evict tenants                                                               
without  resorting  to court  proceedings  under  AS 09.45.060  -                                                               
3:01:33 PM                                                                                                                    
REPRESENTATIVE KOTT  moved to adopt  HCS CSSB 137, Version  G, as                                                               
the working document.                                                                                                           
The committee took a brief at-ease.                                                                                             
3:03:01 PM                                                                                                                    
CHAIR ANDERSON objected.                                                                                                        
REPRESENTATIVE KOTT  then moved  to adopt  HCS CSSB  137, Version                                                               
24-LS0739/F,  Kurtz, 4/27/05,  as  the working  document.   There                                                               
being no objection, Version F was before the committee.                                                                         
JOE  MICHEL,  Staff  to  Senator   Ralph  Seekins,  Alaska  State                                                               
Legislature, explained that  in order to allay  some concerns the                                                               
word  "institution"  is  no  longer  included  in  the  title  or                                                               
throughout Version  F.   Furthermore, Version  F only  applies to                                                               
student  housing at  the University  of Alaska.   In  response to                                                               
Representative Lynn, Mr. Michel  confirmed that the references to                                                               
nursing homes and hospitals were removed.                                                                                       
REPRESENTATIVE  ROKEBERG commented  that  the title  and the  act                                                               
seem to be at odds.  He  suggested that perhaps there is a syntax                                                               
3:04:36 PM                                                                                                                    
CHAIR ANDERSON opined that he believes it's correct.                                                                            
REPRESENTATIVE  ROKEBERG  specified  that  his  concern  is  with                                                               
regard  to  the  title  language   "without  resorting  to  court                                                               
proceedings  under" specific  statute  that  is civil  procedure.                                                               
However, in  order to  evict someone, [the  landlord] has  to use                                                               
the civil procedures.                                                                                                           
CHAIR ANDERSON  inquired as  to the  possibility of  deleting the                                                               
language:    "without resorting  to  court  proceedings under  AS                                                             
09.45.060 - 09.45.160." on page 1, line 3.                                                                                    
REPRESENTATIVE ROKEBERG  said that  he wouldn't  make a  big deal                                                               
about  it, which  he  characterized as  bad  syntax, because  the                                                               
legislation  has  been improved.    He  suggested that  the  next                                                               
committee  of  referral  review   the  incongruence  between  the                                                               
language in the title and the body of the legislation.                                                                          
3:07:19 PM                                                                                                                    
REPRESENTATIVE  LEDOUX  inquired  as  to how  a  student  can  be                                                               
evicted without going through a formal eviction procedure.                                                                      
MR. MICHEL  noted that there is  a long appeals process  when the                                                               
student is removed  from student housing.  The main  goal of this                                                               
legislation is  that once that  process is complete,  the student                                                               
can be removed,  which usually means that the  locks are changed.                                                               
The legislation means that the  university wouldn't have to go to                                                               
court to obtain a court order to forcible remove the student.                                                                   
3:08:09 PM                                                                                                                    
REPRESENTATIVE LEDOUX pointed  out that in one of  the cases that                                                               
she was aware of, the university  didn't go to court to evict the                                                               
[student].   Instead,  the  troopers were  called  and the  court                                                               
simply   dismissed  the   misdemeanor   complaint  against   [the                                                               
student].  Representative LeDoux said  that she wasn't opposed to                                                               
moving  the legislation,  but she  said she  wasn't sure  that it                                                               
solved  the problem  desired.   She opined  that even  under this                                                               
legislation,  a  court would  probably  still  say that  somebody                                                               
couldn't be convicted of a  criminal offense without some sort of                                                               
due process.                                                                                                                    
3:09:23 PM                                                                                                                    
REPRESENTATIVE ROKEBERG said that  he agrees with the legislation                                                               
as well as Representative LeDoux.   He said that the problem with                                                               
the landlord tenant  law is that if "it's not  for rent, you have                                                               
to  go through  like  30 days  to mitigate  the  situation."   He                                                               
maintained  that  the  title  still   doesn't  seem  to  fit  the                                                               
3:10:13 PM                                                                                                                    
CHAIR ANDERSON  reminded the committee  that SB 137  was assigned                                                               
to  this  committee  because of  the  landlord-tenant  aspect  of                                                               
commerce.    He  related  his understanding  that  the  committee                                                               
concurs  with the  concept [of  the legislation],  although there                                                               
may be  a problem with the  title.  Therefore, he  suggested that                                                               
the  aforementioned  be  discussed  with  Legislative  Legal  and                                                               
Research  Services  before  it's  heard in  the  House  Judiciary                                                               
Standing Committee.                                                                                                             
3:10:44 PM                                                                                                                    
REPRESENTATIVE KOTT  moved to  report HCS  CSSB 137,  Version 24-                                                               
LS0739\F,  Kurtz,  4/27/05,  out  of  committee  with  individual                                                               
recommendations and  the accompanying  fiscal note.   There being                                                               
no  objection, HCS  CSSB  137(L&C) was  reported  from the  House                                                               
Labor and Commerce Standing Committee.                                                                                          
3:10:57 PM                                                                                                                    
The committee took a brief at-ease.                                                                                             

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