Legislature(1993 - 1994)
05/01/1994 01:10 PM Senate FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 222(FIN): An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement; and amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska District Court Rules of Civil Procedure. Representative Jeannette James, sponsor of HB 222, and David Skidmore, aide to Senator Frank, testified in support of HB 222. Jack Chenoweth, attorney, Legislative Legal Counsel, Legislative Affairs Agency, explained each section of the bill. SCSCSHB 222(FIN) work draft "V" was ADOPTED. Amendment 1 conceptually added commercial illegal gaming as an illegal activity to the bill. Amendment 1 was ADOPTED. Amendment 2 by Senator Rieger was ADOPTED. Senator Sharp proposed Amendment 3 presented by Senator Leman. Amendment 3 FAILED. SCSCSHB 222(FIN) work draft "V" as amended was REPORTED out of committee with a "do pass," a zero fiscal note for the Department of Safety, and a fiscal note for the Department of Law in the amount of $10.0. CS FOR HOUSE BILL NO. 222(FIN): An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement; and amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska District Court Rules of Civil Procedure. Co-chair Pearce announced that SCSHB 222(FIN) was before the committee and invited Representative James, sponsor of HB 222, and David Skidmore, aide to Co-chair Frank, to the table. DAVID SKIDMORE said that the changes in the Senate Finance Committee version included several Judiciary Committee amendments regarding tenant obligations and some clarification of existing statutes. The only Judiciary Committee amendment that was not included increased the allowable amount of a security deposit that a landlord could charge. Co-chair Frank MOVED for adoption of SCSHB 222(FIN) "S" version. No objection being heard, it was ADOPTED. On request by Senator Rieger, Mr. Skidmore began to go through the bill section by section. Mr. Skidmore then asked Jack Chenoweth, attorney, Legislative Legal Counsel, Legislative Affairs Agency, to join them at the table. At this time Mr. Chenoweth spoke to the sections beginning with Section 4. End SFC-93 #85, Side 1 Begin SFC-93 #85, Side 2 In answer to Senator Rieger, Mr. Chenoweth said that a hearing was required to remove a tenant from a property. Discussion continued regarding tenant/landlord procedures and time constraints. In regard to the nuisance abatement provisions designed after a law from California, Co-chair Pearce asked if illegal gaming could be added to Section 8. Representative James said that she had no problem with it. SENATOR RIEGER asked about immediate eviction in the case of substantial damage. He did not support the idea that a landlord with a large security damage had to wait for more damage to be done before he could evict the tenant, and proposed removing that provision. Mr. Skidmore said, in answer to Senator Rieger, that SCSCSHB 222(FIN) work draft "V" removed Section 6, removing court rule changes that address continuances mandated by a mediation clause. Discussion followed by Mr. Chenoweth and Senator Rieger regarding Section 8, illegal acts and nuisance abatement. It was explained that neighbors can come to the court and ask that certain activities be stopped on a specific premises without action being taken by an unconcerned landlord. Co-chair Frank MOVED for adoption of SCSCSHB 222(FIN) work draft "V". No objection being heard, it was ADOPTED. Co-chair Frank MOVED for adoption of conceptual amendment 1 adding illegal gaming to Section 8. Senator Rieger suggested the addition of the word "commercial" to illegal gaming so individuals having a private poker party would not be effected. No objection being heard, amendment 1 was ADOPTED. Later, Mr. Skidmore asked for clarification of where illegal gaming would be added to the bill. Senator Rieger MOVED amendment 2, on page 13, lines 16-17, deleting all language after $400. No objection being heard, amendment 2 was ADOPTED. End SFC-93 #85, Side 2 Begin SFC-93 #87, Side 1 SENATOR SHARP MOVED amendment 3 requested by Senator Leman. Extensive discussion was had by Senators Leman, Rieger, Jacko, and Mr. Chenoweth regarding the landlord's refusal to rent to unmarried persons according to religious beliefs. Senator Rieger OBJECTED to the amendment. Co-chair Pearce called for a show of hands and the motion FAILED on a vote of 2 to 3 (Co-chair Pearce and Senator Sharp were in favor, Co-chair Frank, Senators Rieger, and Jacko were opposed). Co-chair Frank MOVED for passage of SCSCSHB 222(FIN) work draft "V" as amended. Senator Jacko OBJECTED. Co-chair Pearce called for a show of hands and the bill was REPORTED out of committee with a "do pass," on a vote of 4 to 1 (Co- chairs Pearce, Frank, Senators Rieger and Sharp were in favor, Senator Jacko was opposed), and with a zero fiscal note for the Department of Safety and a fiscal note for the Department of Law for $10.0. Co-chairs Pearce and Frank, Senators Rieger and Sharp signed "do pass." Senator Jacko signed "do not pass." Recess 2:45pm Reconvene 3:00pm
| Document Name | Date/Time | Subjects |
|---|