Legislature(2013 - 2014)SENATE FINANCE 532

04/17/2014 01:30 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 193 MUNICIPAL TAXATION OF TOBACCO PRODUCTS TELECONFERENCED
Moved SCS CSHB 193(FIN) Out of Committee
+= HB 305 JUNK DEALER & METAL SCRAPPER LICENSING TELECONFERENCED
Moved CSHB 305(FIN) Out of Committee
+= HB 121 COMMERCIAL FISHING & AGRICULTURE BANK TELECONFERENCED
Moved CSHB 121(FIN) Out of Committee
+= HB 328 BOARD/LICENSING OF MASSAGE THERAPISTS TELECONFERENCED
Moved CSHB 328(L&C) Out of Committee
+= HB 143 COMMERCIAL FISHING CREWMEMBER LICENSES TELECONFERENCED
Moved CSHB 143(FIN) Out of Committee
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
+= HB 204 SALMON & HERRING PRODUCT DEV'T TAX CREDIT TELECONFERENCED
Scheduled But Not Heard
<Above Item Removed from Agenda>
+= HB 231 CATTLE BRAND REGISTRATION TELECONFERENCED
Moved HB 231 Out of Committee
<Above Item Removed from Agenda>
+= HB 19 PERM. MOT. VEH. REGISTRATION/TRAILERS TELECONFERENCED
Scheduled But Not Heard
<Above Item Removed from Agenda>
+ Bills Previously Heard/Scheduled TELECONFERENCED
CS FOR HOUSE BILL NO. 282(JUD)                                                                                                
                                                                                                                                
     "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."                                                                                   
                                                                                                                                
3:38:46 PM                                                                                                                    
                                                                                                                                
BRENDA   HEWITT,   STAFF,  REPRESENTATIVE   DOUG   ISAACSON,                                                                    
informed  the  committee   that  the  legislation  contained                                                                    
provisions that  had been  requested by  landlords, tenants,                                                                    
and property managers.  She  elaborated that the legislation                                                                    
allowed both the  landlord and tenant to  verify the premise                                                                    
condition statement,  which catalogued the condition  of the                                                                    
property. The  bill provided  for a  long term  pet deposit,                                                                    
which was  previously capped to  the same time limit  as the                                                                    
security  deposit cap  of two  months. Another  provision of                                                                    
the  bill defined  "normal wear  and tear,"  which was  more                                                                    
suitable  than  the  current language,  "normal  non-abusive                                                                    
living." The  legislation required  landlords to  maintain a                                                                    
separate accounting of security  deposits to ensure that the                                                                    
landlord  had the  funds  to reimburse  the  renter for  the                                                                    
deposit  when  vacating  the   premises.  The  bill  allowed                                                                    
landlords  to  have  up  to thirty  days  to  refund  damage                                                                    
deposits to  provide sufficient time  to assess the  cost of                                                                    
damage if  damage was discovered.  The current  fourteen day                                                                    
time limit  was retained  if no damage  was found.  The bill                                                                    
defined  "service  animals',  permitted the  rental  of  dry                                                                    
cabins   [cabins  without   running   water],  and   allowed                                                                    
landlords  to restrict  the number  of persons  living in  a                                                                    
dwelling. Additionally,  the legislation  permitted eviction                                                                    
for illegal activities. She furthered  that the landlord may                                                                    
require  professional   dry  cleaning  of  carpets   if  the                                                                    
landlord  professionally dry  cleaned  the  carpet prior  to                                                                    
rental.  Finally,  HB  282 allowed  landlords  to  attach  a                                                                    
permanent  fund   dividend  for  unpaid  rent   or  damages.                                                                    
Currently,  dividend (PFD)  attachment  was  legal, but  the                                                                    
bill  placed  rent  as a  higher  priority  than  commercial                                                                    
creditors.                                                                                                                      
                                                                                                                                
Senator Dunleavy  inquired whether  there would be  a change                                                                    
in who would have access to the premises.                                                                                       
                                                                                                                                
Ms. Hewitt  responded that  the issue  was not  addressed in                                                                    
the legislation.                                                                                                                
                                                                                                                                
ED SNIFFEN,  ATTORNEY V, DEPARTMENT  OF LAW,  ANCHORAGE (via                                                                    
teleconference), confirmed that the  bill did not change any                                                                    
laws related to access.                                                                                                         
                                                                                                                                
ERROL  CHAMPION, DIRECTOR,  ALASKA ASSOCIATION  OF REALTORS,                                                                    
supported  the  legislation.  He   related  that  he  worked                                                                    
closely  with the  sponsor to  develop the  language in  the                                                                    
bill and updated  the provisions to protect  both the tenant                                                                    
and the landlord.                                                                                                               
                                                                                                                                
Vice-Chair   Fairclough   inquired   when   the   bill   was                                                                    
introduced.                                                                                                                     
                                                                                                                                
3:44:40 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:44:57 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Ms. Hewitt replied that the  bill was introduced on February                                                                    
22, 2014.                                                                                                                       
                                                                                                                                
Vice-Chair  Fairclough requested  clarity  on the  provision                                                                    
that  placed  rent  or  damages as  a  higher  priority  PFD                                                                    
attachment over commercial creditors.                                                                                           
                                                                                                                                
Ms. Hewitt  detailed that there were  established priorities                                                                    
for PFD attachment and the  provision added rent and damages                                                                    
to  the list  as  number  eight. She  shared  that rent  was                                                                    
intangible  and   landlords  were  not  able   to  repossess                                                                    
possessions in  lieu of unpaid  rent, so the thought  was to                                                                    
place landlords higher on the list than general creditors.                                                                      
                                                                                                                                
Co-Chair Kelly CLOSED public testimony.                                                                                         
                                                                                                                                
HB  282  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

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