Legislature(2023 - 2024)GRUENBERG 120
02/07/2024 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| HB67 | |
| HB161 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 97 | TELECONFERENCED | |
| += | HB 67 | TELECONFERENCED | |
| *+ | HB 161 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 7, 2024
1:13 p.m.
DRAFT
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative Jesse Sumner
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 97
"An Act relating to self-storage facilities for personal
property, including vehicles and watercraft; distinguishing
self-storage facility liens from another type of storage lien;
and excluding self-storage liens from the treatment of certain
unclaimed property."
- HEARD & HELD
HOUSE BILL NO. 67
"An Act relating to criminal law and procedure; relating to the
crime of stalking; relating to consecutive sentencing for
violation of conditions of release; relating to the duty to
register as a sex offender; amending the definition of 'sex
offense'; amending the definition of 'crime involving domestic
violence'; relating to multidisciplinary child protection teams;
amending Rule 6(r), Alaska Rules of Criminal Procedure; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 161
"An Act relating to appropriations to the civil legal services
fund."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 97
SHORT TITLE: SELF-STORAGE UNITS: LIENS; SALES
SPONSOR(s): REPRESENTATIVE(s) PRAX
03/06/23 (H) READ THE FIRST TIME - REFERRALS
03/06/23 (H) L&C, JUD
03/24/23 (H) L&C AT 3:15 PM BARNES 124
03/24/23 (H) Heard & Held
03/24/23 (H) MINUTE(L&C)
04/14/23 (H) L&C AT 3:15 PM BARNES 124
04/14/23 (H) Heard & Held
04/14/23 (H) MINUTE(L&C)
05/01/23 (H) L&C AT 3:15 PM BARNES 124
05/01/23 (H) Heard & Held
05/01/23 (H) MINUTE(L&C)
05/03/23 (H) L&C AT 3:15 PM BARNES 124
05/03/23 (H) Moved CSHB 97(L&C) Out of Committee
05/03/23 (H) MINUTE(L&C)
05/08/23 (H) L&C RPT CS(L&C) 4DP 2AM
05/08/23 (H) DP: PRAX, WRIGHT, SADDLER, RUFFRIDGE
05/08/23 (H) AM: FIELDS, CARRICK
02/05/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/05/24 (H) Heard & Held
02/05/24 (H) MINUTE(JUD)
02/07/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 67
SHORT TITLE: HARASSMENT; SEX OFFENDERS & OFFENSES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/08/23 (H) READ THE FIRST TIME - REFERRALS
02/08/23 (H) JUD, FIN
03/03/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/03/23 (H) Heard & Held
03/03/23 (H) MINUTE(JUD)
03/27/23 (H) JUD AT 1:00 PM GRUENBERG 120
03/27/23 (H) Heard & Held
03/27/23 (H) MINUTE(JUD)
02/05/24 (H) JUD AT 1:30 PM GRUENBERG 120
02/05/24 (H) Heard & Held
02/05/24 (H) MINUTE(JUD)
02/07/24 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 161
SHORT TITLE: CIVIL LEGAL SERVICES FUND
SPONSOR(s): WRIGHT
04/14/23 (H) READ THE FIRST TIME - REFERRALS
04/14/23 (H) JUD, FIN
02/07/24 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
GARY JENKINS, Owner
Space Unclaimed
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on CSHB
97(L&C).
NATHANIEL DYE
Juneau Self Storage;
American Mini Storage
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 97.
WILLIAM BREWER, Owner
Fairbanks Storage
Fairbanks, Alaska
POSITION STATEMENT: Testified during the hearing on HB 97.
ELIZABETH MANN, General Manager
Alaska Mini Storage
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 97.
TYLER SCOTT
Public Self Storage
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 97.
LONNIE BICKFORD, Owner
AK Storage Center
Wasilla, Alaska
POSITION STATEMENT: Testified in support of HB 97.
REPRESENTATIVE MIKE PRAX
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave an explanation of Amendment 1 to CSHB
97(L&C), as the prime sponsor.
DANIEL BRYANT, Legal and Legislative Counsel
Self Storage Association
Alexandria, Virginia
POSITION STATEMENT: Answered questions during the hearing on
CSHB 97(L&C).
REPRESENTATIVE STANLEY WRIGHT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 161, as the prime sponsor.
RACHEL GUNN, Staff
Representative Stanley Wright
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 161, on behalf of
Representative Wright, prime sponsor.
MAGGIE HUMM, Interim Executive Director
Alaska Legal Services Corporation
Juneau, Alaska
POSITION STATEMENT: Gave invited testimony during the hearing
on HB 161.
NANCY MEADE, General Counsel
Alaska Court System
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
161.
SANDRA MOLLER, Director
Division of Community and Regional Affairs
Department of Commerce, Community & Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
161.
ACTION NARRATIVE
1:13:03 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 1:13 p.m. Representatives Carpenter, C.
Johnson, Sumner, Gray, Groh, Allard, and Vance were present at
the call to order.
HB 97-SELF-STORAGE UNITS: LIENS; SALES
1:14:00 PM
CHAIR VANCE announced that the first order of business would be
HOUSE BILL NO. 97, "An Act relating to self-storage facilities
for personal property, including vehicles and watercraft;
distinguishing self-storage facility liens from another type of
storage lien; and excluding self-storage liens from the
treatment of certain unclaimed property." [Before the committee
was CSHB 97(L&C).]
CHAIR VANCE opened public testimony on HB 97.
1:14:39 PM
GARY JENKINS, Owner, Space Unclaimed, testified during the
hearing on CSHB 97(L&C). He opined that the bill language would
set some bad precedents and directed attention to Sec. 34.35.620
[Denial of access; removal of unit property.], which he believed
would enable and encourage bad behavior on the part of
operators. He highlighted subsection (b) as particularly
troublesome. He encouraged the committee to address structural
errors in the bill before moving it forward.
1:19:40 PM
NATHANIEL DYE, Juneau Self Storage; American Mini Storage,
testified in support of HB 97. He opined that the bill would
institute a minimum requirement statute while protecting
consumers and business owners.
1:20:32 PM
WILLIAM BREWER, Owner, Fairbanks Storage, testified during the
hearing on HB 97. He stated that the bill was asking for a set
of laws to ensure that all self-storage business owners were
operating on the same terms. He assured the committee that
storage owners do not want the legal authority to take
possession of customers' things; instead, they were asking for
the ability to turn over the unit to new paying customers and
stop the loss of revenue from customers who do not abide by the
rental agreement. He added that most of the time, abandoned
units are full of trash and invaluable items. Furthermore, he
indicated that email is the best form of notification, as mail
is often returned undeliverable.
1:23:13 PM
ELIZABETH MANN, General Manager, Alaska Mini Storage, testified
in support of HB 97, as it would not challenge any existing
policies or regulations. Without a lien law, she said, Alaska
storage is subject to a "wild wild West" environment. She
shared her belief that HB 97 would hold storage units to a
higher standard, and in turn, gain greater respect from the
community.
1:24:01 PM
TYLER SCOTT, Public Self Storage, testified in support of HB 97.
He said the bill would protect customers and bring an even
playing field to operators.
1:25:00 PM
LONNIE BICKFORD, Owner, AK Storage Center, testified in support
of HB 97. He stated that the bill would protect [operators] and
implement solid law that mirrored that of other states. He
anecdotally reported that most possessions left behind are
invaluable.
1:27:01 PM
CHAIR VANCE closed public testimony on HB 97.
1:27:35 PM
REPRESENTATIVE ALLARD moved to adopt Amendment 1 to CSHB
97(L&C), labeled 33-LS0392\S.6, Dunmire, 2/6/24, which read:
Page 2, line 8:
Delete "Notwithstanding AS 28.10.371, if"
Insert "If"
Page 2, line 9:
Delete "superior"
Insert "subordinate"
Page 2, line 11:
Delete "A storage lien is superior to a security
interest perfected under AS 45.29."
Page 2, line 12, following "except":
Insert "a lien that was perfected before the date
the rental agreement was signed or"
CHAIR VANCE objected for the purpose of discussion.
1:27:47 PM
REPRESENTATIVE MIKE PRAX, Alaska State Legislature, prime
sponsor of CSHB 97(L&C), explained that Amendment 1 would make
the facility owner's lien subordinate to any existing lien.
REPRESENTATIVE SUMNER asked why the default notice in Section 34
and Section 35 was insufficient. In addition, he questioned how
storage owners would be reimbursed for the storage of a vehicle
if the vehicle owner was behind on payments.
REPRESENTATIVE PRAX deferred to Mr. Bryant.
1:30:20 PM
DANIEL BRYANT, Legal and Legislative Counsel, Self Storage
Association, acknowledged the concern and explained that the
goal was to find common ground with financial institutions in
the state in the hopes to keep the legislation moving.
REPRESENTATIVE SUMNER asked what would happen if a vehicle with
a lien was towed to a tow yard, and whether "they" would be
subordinate to the lien.
REPRESENTATIVE PRAX answered no, the "towing company's storage
lien" would be superior to the lender.
REPRESENTATIVE SUMNER asked why there was stricter treatment for
a situation into which people were voluntarily entering.
REPRESENTATIVE PRAX said, "That's a good point."
1:33:02 PM
REPRESENTATIVE CARPENTER pointed out that if an occupant stored
a piece of equipment in the unit and stopped making payments on
both, [the equipment] would revert back to the bank, and the
bank would need to reclaim it from the storage unit. He said he
did not see the need for Amendment 1.
1:34:31 PM
REPRESENTATIVE ALLARD expressed concern about email being the
only form of notification. She asked whether the bill sponsor
would be amenable to adding [Certified Mail] as a form of
contact.
REPRESENTATIVE PRAX answered no, because the facility owner
still accrues expenses through loss of income.
REPRESENTATIVE SUMNER called a point of order, as the question
was not germane to Amendment 1.
CHAIR VANCE redirected attention back to Amendment 1.
1:36:39 PM
REPRESENTATIVE C. JOHNSON said he had a problem with rushing
amendments through without proper vetting. He moved to table
Amendment 1. There being no objection, Amendment 1 was tabled.
1:37:59 PM
The committee took an at-ease from 1:37 p.m. to 1:39 p.m.
1:39:45 PM
CHAIR VANCE said after deliberation about consideration of
amendments and further action on the bill, she wanted members to
feel comfortable with the ability to review material. She
announced that CSHB 97(L&C) would be held over.
HB 67-HARASSMENT; SEX OFFENDERS & OFFENSES
1:40:34 PM
CHAIR VANCE announced that the next order of business would be
HOUSE BILL NO. 67, "An Act relating to criminal law and
procedure; relating to the crime of stalking; relating to
consecutive sentencing for violation of conditions of release;
relating to the duty to register as a sex offender; amending the
definition of 'sex offense'; amending the definition of 'crime
involving domestic violence'; relating to multidisciplinary
child protection teams; amending Rule 6(r), Alaska Rules of
Criminal Procedure; and providing for an effective date."
[Before the committee was HB 67, as amended on 2/5/24.]
1:41:18 PM
The committee took a brief at-ease.
1:41:23 PM
CHAIR VANCE announced that HB 67, as amended, would be held
over.
HB 161-CIVIL LEGAL SERVICES FUND
1:49:16 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."
1:49:44 PM
REPRESENTATIVE STANLEY WRIGHT, Alaska State Legislature, prime
sponsor, presented HB 161. He stated that the bill, aiming to
enhance appropriations to the Civil Legal Services Fund, is a
testament to the collective determination to restore the
foundational promise of the legal system: accessible justice for
all. The Alaska Legal Services Corporation (ALSC) serves as a
beacon of hope by offering indispensable legal assistance to
low-income Alaskans. By increasing the funds appropriation, the
bill would enable ALSC to extend its reach, and amplify the
economic benefits to the state. Every dollar invested generates
a remarkable return by empowering residents, stimulating local
economies, and alleviating burdens on the court. He explained
that increasing support to the ALSC would ensure that
individuals have the legal support necessary to navigate the
judicial system.
1:51:32 PM
RACHEL GUNN, Staff, Representative Stanley Wright, Alaska State
Legislature, on behalf of Representative Wright, prime sponsor
of HB 161, highlighted the growing gap between those who can
afford legal help and those who can't. Despite constitutional
guarantees, she said, many are left without necessary legal
support due to insufficient funding. ALSC aims to provide
fairness in the justice system for all by providing individual
legal advice, form drafting, community education, and clinics,
and is the largest provider of legal services for victims of
domestic violence. The organization demonstrates the undeniable
value of legal services by delivering a five-to-one return on
investment to state and local economies. Furthermore, 80
percent of cases that make it to the ALSC are mitigated before a
court case or administrative hearing, saving the courts valuable
time, energy, and cost. However, the efficacy of the ALSC is
hampered by funding challenges, with the organization forced to
turn away 50 percent of applicants who pre-qualify under the
federal poverty guidelines. The stark reality, she said, is
that the ALSC funding has not kept pace with the growing need.
She stated that HB 161 is a valuable investment that would
translate into tangible benefits for communities while ensuring
an equitable justice system for all.
1:54:27 PM
MAGGIE HUMM, Interim Executive Director, Alaska Legal Services
Corporation (ALSC), gave invited testimony during the hearing on
HB 161. She addressed the importance of adequately funding
civil legal services and gave examples of the work performed by
the ALSC. She reported that last year, ALSC's 12 offices around
the state provided direct representation to nearly 5,000
families impacting 13,000 individuals. Countless more were
served through educational and outreach opportunities. She
emphasized the five-to-one return on investment for every dollar
invested in ALSC, which is returned to the community in terms of
direct economic investment and community savings. She listed a
number of cases that the organization is federally prohibited
from taking on, including but not limited to abortion, wellness
reform, assisted suicide, and redistricting. She reiterated
that funding has not kept pace with the growth of the poverty
population in Alaska. The bill, she said, is requesting an
increase in ALSC's percentage of the Civil Legal Services Fund
from 10 percent to 25 percent. She stressed the need for
critical legal services, adding that access to justice should be
a reality for all Alaskans, not just those who can afford an
attorney.
2:00:36 PM
REPRESENTATIVE GROH asked whether the ALSC was ever awarded
punitive damages by the court.
MS. HUM shared her understanding that there had not been
punitive damages awarded to ALSC via the state. In response to
a follow up question, she shared her understanding that the
amount of punitive damages awarded to ALSC under the Civil Legal
Services Fund was essentially nonexistent as a source of
funding.
2:02:45 PM
REPRESENTATIVE ALLARD asked what the increase from 10 to 25
percent would look like in dollars.
MS. HUM indicated [that 10 percent] in the most recent fiscal
year was $301,000 and 281,000 in the year prior. An increase to
25 percent would be roughly $700,000.
REPRESENTATIVE ALLARD asked how the COVID-19 Pandemic impacted
ALSC's caseload.
MS. HUM reported that the ALSC had 5,000 cases [in 2023], 3,000
[in 2022], and she offered to follow up with [2021] data.
2:04:33 PM
REPRESENTATIVE SUMNER questioned the percentage of cases related
to evictions.
MS. HUM did not know the answer. Nonetheless, she said housing
cases are a top issue for the ALSC. In response to a follow up
question, she reported that last year, the ALSC helped roughly
700 people with housing matters.
2:05:40 PM
REPRESENTATIVE ALLARD indicated that landlords had expressed
concern about the bill. She shared a scenario and asked how
landlords, who are also struggling, are reconciled.
MS. HUM said the ALSC was often able to negotiate with landlords
before an eviction case made to court. She added that a great
deal of negotiating was done between landlords and tenants for
the benefit of both parties.
REPRESENTATIVE ALLARD asked how landlords are reconciled if a
tenant, who is in the wrong, refuses to pay rent. She
questioned whether everyone is treated equally.
MS. HUM reiterated that negotiating was helpful because it
ultimately benefits both parties. She added that landlords are
always free to pursue damages to recoup some of the money.
2:10:13 PM
REPRESENTATIVE GRAY asserted that Alaska landlord and tenant
laws law favored landlords. He shared a personal anecdote,
emphasizing the importance of rental deposits to poor residents.
He thanked ALSC and voiced his hope that more could be done for
renters.
2:12:01 PM
REPRESENTATIVE C. JOHNSON inquired about the remaining 75
percent of the Civil Legal Services Fund.
2:12:50 PM
NANCY MEADE, General Counsel, Alaska Court System, responded
that all filing fees collected by the court, in addition to
punitive damages, are deposited directly into the general fund
(GF) for the legislature to appropriate.
REPRESENTATIVE C. JOHNSON questioned why there was no fiscal
note reflecting the impact on the GF.
MS. MEADE shared her understanding that the court submitted a
zero fiscal note.
CHAIR VANCE noted that two fiscal notes had been submitted, but
only one, from DCCED, showed a fiscal impact.
2:15:28 PM
REPRESENTATIVE ALLARD asked whether landlords were ever
reimbursed.
MS. HUM said landlords are permitted to seek attorney fees
against a tenant if they are successful. She anecdotally
reported that if a case is being dragged out, it's typically due
to active negotiations between both parties.
CHAIR VANCE questioned the reason for the increase from 10
percent to 25 percent.
MS. HUM reported that the poverty population had grown three
times since 1984 while state funding had dramatically decreased.
She said the increase was to keep pace with both the rising
demand for services and the rising cost of providing those
services.
2:17:54 PM
REPRESENTATIVE CARPENTER asked whether the legislature had
appropriated money into the Civil Legal Services Fund from any
location other than the authority granted under AS 09.17.020(j)
or from the filing fees.
2:18:22 PM
SANDRA MOLLER, Director, Division of Community and Regional
Affairs, Department of Commerce, Community & Economic
Development, said, to her knowledge, no.
CHAIR VANCE announced that HB 161 would be held over.
2:20:14 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:20 p.m.