Legislature(1993 - 1994)

04/08/1993 02:05 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                   SENATE JUDICIARY COMMITTEE                                  
                          April 8, 1993                                        
                            2:05 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Robin Taylor, Chairman                                               
  Senator Rick Halford, Vice-Chairman                                          
  Senator George Jacko                                                         
  Senator Dave Donley                                                          
  Senator Suzanne Little                                                       
                                                                               
  OTHERS PRESENT                                                               
                                                                               
  Representative Terry Martin                                                  
  Representative Joe Green                                                     
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HOUSE BILL NO. 144                                                           
  "An Act relating to fees for certain costs of  administering                 
  the permanent fund dividend program."                                        
                                                                               
  CS FOR SENATE BILL NO. 168(STA)                                              
  "An Act relating to newspapers of general circulation."                      
                                                                               
  HOUSE BILL NO. 99                                                            
  "An  Act repealing  the 65-day  time limit  for approval  or                 
  disapproval of a proposed oil  discharge contingency plan by                 
  the Department of Environmental  Conservation; and providing                 
  for an effective date."                                                      
                                                                               
  SENATE BILL NO. 155                                                          
  "An Act relating to landlords and tenants, to termination of                 
  tenancies  and   recovery  of  rental  premises,  to  tenant                 
  responsibilities,  to the civil  remedies of  forcible entry                 
  and detainer  and nuisance abatement,  and to the  duties of                 
  peace  officers to  notify  landlords of  arrests  involving                 
  certain illegal activity on rental premises."                                
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
  HB 144 - See Judiciary minutes dated 3/31/93.                                
                                                                               
  SB 168 - See State Affairs minutes dated 3/22/93 and                         
           3/24/93.  See Judiciary minutes dated 4/2/93.                       
  .                                                                            
  HB 99 -  See Judiciary minutes dated 3/31/93.                                
                                                                               
  SB 155 - See State Affairs minutes dated 3/24/93.                            
           See Judiciary minutes dated 4/2/93.                                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
                                                                               
  Steve McHenry, Editor                                                        
  VALDEZ VANGUARD                                                              
  Box 98                                                                       
  Valdez, Alaska 99686                                                         
    POSITION STATEMENT: Supported SB 168.                                      
                                                                               
  Patrick Lynn                                                                 
  Box 123                                                                      
  Valdez, Alaska 99686                                                         
    POSITION STATEMENT: Opposed SB 168.                                        
                                                                               
  Robert Gould, Owner                                                          
  ALASKA JOURNAL OF COMMERCE                                                   
  880 N Street                                                                 
  Anchorage, Alaska 99501                                                      
    POSITION STATEMENT: Supported SB 168.                                      
                                                                               
  Virginia Ragle, Asst. Attorney General                                       
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
    POSITION STATEMENT: Testified on SB 168.                                   
                                                                               
  David Skidmore, Aide                                                         
  Senator Steve Frank                                                          
  State Capitol                                                                
  Juneau, AK 99801-1182                                                        
    POSITION STATEMENT: Testified on SB 155.                                   
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-40, SIDE A                                                           
  Number 001                                                                   
                                                                               
  Chairman Robin Taylor called the Judiciary Committee meeting                 
  to order at 2:05 p.m.                                                        
                                                                               
  SENATOR TAYLOR  introduced HB  144 (FEE  FOR PERMANENT  FUND                 
  DIVIDEND  ASSIGNMENTS/CLAIMS)  and   invited  the   sponsor,                 
  REPRESENTATIVE TERRY MARTIN to testify on his bill.                          
                                                                               
  REPRESENTATIVE MARTIN reviewed the background information on                 
  the garnisheeing of  PFD checks for those delinquent  on IRS                 
  payments, child  support payments, student  loans, and other                 
  obligations.    He   explained  the  program  had   been  so                 
  successful it has increased the processing cost, which comes                 
  out  of everyone's check.  He said  the bill would allow the                 
  Permanent  Fund  Dividend  Division to  take  the processing                 
  costs  from  the   check  of  the  person   whose  check  is                 
  garnisheed.                                                                  
                                                                               
  SENATOR  JACKO  asked  for  the  history  on  the  garnishee                 
                                                                               
                                                                               
  process,  and  REPRESENTATIVE  MARTIN  explained about  four                 
  years ago the legislature allowed the government departments                 
  to have access to the PFD  Division checks to pay delinquent                 
  loans, which  has allowed  the  state to  recoup money  from                 
  student loans and child support payments.                                    
                                                                               
  There ensued a discussion of how  the process would work and                 
  the saving to the PFD recipients.  There was no fiscal note.                 
                                                                               
                                                                               
  Number 076                                                                   
                                                                               
  SENATOR  TAYLOR  thanked   REPRESENTATIVE  MARTIN  for   his                 
  testimony  and  held the  bill for  action  when there  is a                 
  quorum.                                                                      
                                                                               
  SENATOR  TAYLOR  introduced  SB 168  (NEWSPAPER  OF  GENERAL                 
  CIRCULATION DEFINED) sponsored  by the Senate  State Affairs                 
  Committee,  and  indicated  he  was   going  to  begin  with                 
  testimony from the teleconference network on the work draft,                 
  CS   FOR  SENATE   BILL  NO.   168(JUD).    He   turned  the                 
  teleconference network to Valdez to hear from STEVE MCHENRY,                 
  Editor of the VALDEZ VANGUARD.                                               
                                                                               
  MR. MCHENRY said he didn't think the bill was needed, and it                 
  was getting into the realm of free  press.  On page 2 of the                 
  committee substitute,  he referred  to lines  10 through  12                 
  which read ";and has a total paid circulation of at least 10                 
  percent of the  total population of the  judicial district;"                 
  and  he said  "paid circulation"  was not defined  under the                 
  bill.  As with the newspapers in both his area and  in Homer                 
  with the HOMER  NEWS, he explained  many of the papers  were                 
  purchased  in outlets  around  town.   He  didn't want  paid                 
  circulation to  mean subscriptions only, since people bought                 
  more papers from vendors than  with subscriptions in Valdez.                 
  He thought second  class mailing permits should  be required                 
  which forces newspapers to give a fair  and accurate account                 
  of their circulation.                                                        
                                                                               
  SENATOR TAYLOR asked MR. MCHENRY if he published any notices                 
  on sales of execution in his paper.                                          
                                                                               
  MR. MCHENRY said that  he did get some state  legal notices,                 
  but  do not get city notices.   He explained the other paper                 
  in town had the city contract.                                               
                                                                               
  Number 164                                                                   
                                                                               
  SENATOR TAYLOR clarified he meant sales on execution on real                 
  property  such  as  foreclosures, and  MR.  MCHENRY  said he                 
  didn't get those.                                                            
                                                                               
                                                                               
  SENATOR TAYLOR explained that Section  1. AS 09.35.140 deals                 
  exclusively with executions  on sales  of property, and  MR.                 
  MCHENRY said those notices were printed in  the ALASKA DAILY                 
  NEWS and the  ALASKA JOURNAL OF  COMMERCE out of  Anchorage.                 
  He didn't ever recall  seeing that particular notice in  the                 
  VALDEZ VANGUARD.                                                             
                                                                               
  Also in Valdez, SENATOR TAYLOR called on PATRICK LYNN.                       
                                                                               
  MR. LYNN said he  was totally opposed to the  original bill,                 
  and he explained he  had written letters to the  sponsor, as                 
  well as other senators, protesting.   He also explained  how                 
  the legislation would have a negative impact on every weekly                 
  newspaper in  the State of  Alaska and would  discourage new                 
  newspapers from starting.                                                    
                                                                               
  MR. LYNN said  Valdez has two  newspapers, and noted he  had                 
  started  the second  newspaper in  town.   He  explained his                 
  three-year process  to become a paid  circulation newspaper.                 
  He said the BARROW WHALER was going through the same process                 
  to  establish a newspaper  there, and  he explained  how the                 
  bill would  discourage those kinds of endeavors.   He listed                 
  the reasons why he thought the bill was unfair to business.                  
                                                                               
  MR.  LYNN  described a  letter he  had received  from ROBERT                 
  GOULD, owner of the ALASKA JOURNAL OF COMMERCE,  offering to                 
  amend the bill to  make it apply to foreclosure  and default                 
  notices only if he would retract  his objections.  He quoted                 
  his answer to MR. GOULD, which  would effect a compromise on                 
  the notices, and suggested he was in a difficult position on                 
  the bill today.                                                              
                                                                               
  MR. LYNN  thought the bill had  no value except to  settle a                 
  squabble between  the ANCHORAGE  DAILY NEWS  and the  ALASKA                 
  JOURNAL OF COMMERCE.  He explained how the bill had affected                 
  the relationship between STEVE MCHENRY  and himself, and how                 
  it would  damage or  exclude competition  among the  smaller                 
  newspapers, which he named.                                                  
                                                                               
  Number 235                                                                   
                                                                               
  SENATOR  TAYLOR  next turned  the teleconference  network to                 
  Anchorage to hear testimony from MR. GOULD.                                  
                                                                               
  Number 289                                                                   
                                                                               
  MR.  GOULD  clarified  he was  testifying  from  the correct                 
  committee substitute and  stated the legislation  would only                 
  amend  Title 9, which speaks to default  sales.  He said the                 
  issue was  to promote competition  and would only  limit the                 
  competition to the  exclusive area of default  sale notices.                 
  He discussed the comfort level of  the other newspapers, the                 
  need for specificity  in the  statutes to define  applicable                 
  language  to  default  notices  printed  in a  newspaper  of                 
                                                                               
                                                                               
  general circulation or of general  interest, and he reviewed                 
  the changes in  the committee  substitute from the  original                 
  bill.  He defended the passage in the bill that was disputed                 
  by MR. MCHENRY as to  the paid circulation being 10%  of the                 
  total population, but he suggested this could be changed.                    
                                                                               
  SENATOR  TAYLOR  introduced VIRGINIA  RAGLE,  Asst. Attorney                 
  General from the Department of Law, to testify.                              
                                                                               
  MS.  RAGLE  explained she  had  been  asked  to  review  the                 
  original  bill  to  identify  any  problems  that  might  be                 
  identified by state agencies, to which the Department of Law                 
  provides advice.  Her comments are confined to the  original                 
  bill.                                                                        
                                                                               
  Number 339                                                                   
                                                                               
  MS.  RAGLE explained in  her research she  found 80 statutes                 
  which refer to  newspapers of  general circulation, and  she                 
  reviewed the various kinds of  notices that were required by                 
  state agencies, municipalities,  corporations, partnerships,                 
  and individuals.   She thought in reviewing  the publication                 
  notice procedures for  all of the statutes,  the legislators                 
  would find some unintended results.  She questioned the need                 
  for  a definition  of  "newspaper of  general  circulation,"                 
  since there has been no  significant litigation calling into                 
  question the validity  of notices that has been  provided in                 
  accordance with the 80 statutes.                                             
                                                                               
  MS.  RAGLE  recommended  the  bill  be narrowly  drafted  to                 
  identify  and solve  on-going problems.   In regards  to the                 
  committee  substitute, she  advised  the ALASKA  JOURNAL  OF                 
  COMMERCE did not  meet the  membership of 10%  of the  total                 
  population of the Third Judicial District.                                   
                                                                               
  SENATOR  HALFORD  moved to  adopt  CS  FOR  SENATE BILL  NO.                 
  168(JUD) with  unanimous  consent.   Without objections,  so                 
  ordered.                                                                     
                                                                               
  SENATOR TAYLOR indicated he would hold the bill for  another                 
  hearing.                                                                     
                                                                               
  SENATOR TAYLOR asked for a motion to move House bill No. 144                 
  from committee.                                                              
                                                                               
  SENATOR HALFORD moved  to pass HOUSE  BILL NO. 144 (FEE  FOR                 
  PERMANENT FUND DIVIDEND  ASSIGNMENTS/CLAIMS) from  committee                 
  with  individual recommendations.    Without objections,  so                 
  ordered.                                                                     
                                                                               
                                                                               
  SENATOR TAYLOR returned  HB 99 (REPEAL 65-DAY  DEADLINE: OIL                 
  SPILL PLANS)  and  invited the  sponsor, REPRESENTATIVE  JOE                 
  GREEN, to testify.                                                           
                                                                               
  Number 398                                                                   
                                                                               
  REPRESENTATIVE GREEN explained,  currently, AS  46.04.030(p)                 
  requires  the Department  of  Environmental Conservation  to                 
  "...approve or disapprove a proposed contingency plan within                 
  65 days after it  receives a complete application ...".   He                 
  further explained the  time-line necessitated by the  65 day                 
  statutory requirement  conflicts with the time-line  set out                 
  in  the Alaska  Coastal Management Plan  regulations carried                 
  out by the Division of Governmental Coordination (DGC).                      
                                                                               
  REPRESENTATIVE GREEN said the conflict between the two time-                 
  lines make the  progress cumbersome  for both the  applicant                 
  and  members of  the public  wishing  to participate  in the                 
  review process.  He said the removal of the 65 day statutory                 
  requirement allows the DEC and  DGC to coordinate their time                 
  lines for approving contingency plans.                                       
                                                                               
  SENATOR LITTLE  asked for clarified as to what the provision                 
  actually does.   REPRESENTATIVE GREEN  said an applicant  is                 
  not sure which time-line  to follow, and he  explained there                 
  were  two over-lapping  agencies,  whose  time clocks  don't                 
  correspond.                                                                  
                                                                               
  SENATOR  LITTLE  commented that  the  DEC time  clock starts                 
  first and asked if getting a permit would take longer.                       
                                                                               
  REPRESENTATIVE GREEN  explained how the  two agencies, which                 
  support the bill,  would coordinate their efforts  and clean                 
  up the problem.                                                              
                                                                               
  SENATOR LITTLE asked for any downside to the bill.                           
                                                                               
  Number 437                                                                   
                                                                               
  REPRESENTATIVE GREEN said  there was  some concern the  bill                 
  did not  address an interior oil spill contingency plan, and                 
  he explained the DGC would be the responsible agency.                        
                                                                               
  Number 437                                                                   
                                                                               
  SENATOR  HALFORD moved  to pass  HOUSE BILL  NO.  99 (REPEAL                 
  65-DAY  DEADLINE:  OIL  SPILL  PLANS)  from  committee  with                 
  individual recommendations.  Without objections, so ordered.                 
                                                                               
  SENATOR TAYLOR returned  SB 155 (USE OF  RENTED PROPERTY/LAW                 
  VIOLATIONS) to committee and clarified which  teleconference                 
  sites were available for testimony.  He then called on DAVID                 
                                                                               
                                                                               
  SKIDMORE, Aide to the prime sponsor, SENATOR STEVE FRANK, to                 
  testify.                                                                     
                                                                               
  Number 454                                                                   
                                                                               
  MR. SKIDMORE explained  SENATOR FRANK had introduced  SB 155                 
  in  response  to  constituent  concerns   over  the  seeming                 
  impunity  for abuses that the tenants  were enjoying, and he                 
  reviewed the changes proposed to the statutes concerning the                 
  landlord-tenant relationship.                                                
                                                                               
  MR.  SKIDMORE  said  SENATOR  FRANK  had two  amendments  to                 
  propose. The first  one dealing with prostitution,  which he                 
  explained was designated  as assignation, and defined  as 8-                 
  LSO376\K.16, Chenoweth, 4/2/93.                                              
                                                                               
  SENATOR TAYLOR moved to adopt Amendment #1 as  designated by                 
  SENATOR FRANK.                                                               
                                                                               
  SENATOR  LITTLE  questioned  whether  a  person  has  to  be                 
  convicted  or  just  have  an  assignation  of  the  act  of                 
  prostitution,  and  MR.  SKIDMORE said  the  amendment would                 
  include  "assignation"  as a  grounds  for which  a neighbor                 
  could take another neighbor to court, given the failure of a                 
  landlord to take  care of  a problem.   He said  assignation                 
  related to the nuisance abatement statute.  The  court would                 
  have to determine if a nuisance does exist, that assignation                 
  had  taken  place, in  order  for  a tenant  to  be evicted.                 
  SENATOR   LITTLE  clarified   it  would   require   a  court                 
  determination in this case.                                                  
                                                                               
  SENATOR TAYLOR wondered why assignation was being  discussed                 
  when  the  amendment did  not  refer  to it.    MR. SKIDMORE                 
  apologized saying the  term was described by  MR. CHENOWETH,                 
  but was  now an obsolete  term.   He said  it was  currently                 
  designated  as    "illegal  activity  involving a  place  of                 
  prostitution."   SENATOR TAYLOR  thought this  was a  better                 
  definition  and  would  answer some  of  the  questions from                 
  SENATOR LITTLE.                                                              
                                                                               
  Number 516                                                                   
                                                                               
  SENATOR TAYLOR returned  to Amendment  #1, which was  passed                 
  without objections.                                                          
                                                                               
  SENATOR TAYLOR moved Amendment #2, 8-LSO376\K.17, Chenoweth,                 
  4/2/93 for  SENATOR FRANK.   He  asked MR.  SKIDMORE for  an                 
  explanation.                                                                 
                                                                               
  MR. SKIDMORE  referred the committee members to page 9, line                 
  10, Section 18,  which makes  the tenant's obligations  more                 
  stringent by  eliminating the qualifying adjectives  from AS                 
  34.03120. Paragraph (1) amends AS 34.03.120(a)(5) in Section                 
  18 and refers to substantial damages caused by the landlord.                 
                                                                               
                                                                               
  There was a  discussion on the  placement of the  amendment,                 
  which was inserted on page 10, beginning with line 16, while                 
  the conditions for the eviction  were contained in paragraph                 
  (1) on page 9, beginning with line 22.                                       
                                                                               
  SENATOR TAYLOR  checked  to  see  that  everyone  understood                 
  Amendment #2, before it was adopted without objections.                      
                                                                               
  SENATOR TAYLOR asked MR.  DONLEY how he wished to  offer his                 
  amendments.                                                                  
                                                                               
  SENATOR DONLEY  moved to  adopt Amendment  #3, 8-LSO376\K.3,                 
  Chenoweth, 3/19/93.  He was asked to explain his amendment.                  
                                                                               
  TAPE 93-40, SIDE B                                                           
  Number 001                                                                   
                                                                               
  SENATOR  DONLEY explained  his  amendment would  change  the                 
  amount of the security deposit to  the value of three months                 
  rent, but the subsection would not apply to a rental unit if                 
  the rent exceeded $1000 a month.  He explained the practical                 
  aspects of  the amendment  in relation  to the  rental of  a                 
  house.                                                                       
                                                                               
  SENATOR TAYLOR asked MR.  SKIDMORE if SENATOR FRANK  had any                 
  objection  to Amendment #3, and he  indicated all of SENATOR                 
  DONLEY'S amendments had been approved by the sponsor.                        
                                                                               
  SENATOR TAYLOR moved Amendment #3 without objections.                        
                                                                               
  SENATOR DONLEY  moved to  adopt Amendment  #4, 8-LSO376\K.6,                 
  Chenoweth, 3/18/93  and explained the  time requirements  in                 
  the statute  for the summons  and continuance are  clumsy at                 
  present.                                                                     
  He  further  explained the  reasoning  behind  his amendment                 
  dealing with shortening to less than two days the summons in                 
  actions for forcible entry and detainer.                                     
                                                                               
  SENATOR TAYLOR moved Amendment #4 without objections.                        
                                                                               
  SENATOR  DONLEY moved  to adopt Amendment  #5, 8-LSO376\K.7,                 
  Chenoweth, 3/19/93.   He explained the amendment  deals with                 
  the inability of landlord  to protect their property  if the                 
  tenant does not pay  the utility bill, and he  described the                 
  aftermath of frozen pipes.                                                   
                                                                               
  Number 515                                                                   
                                                                               
  SENATOR DONLEY  explained that not paying the  utility was a                 
  breach  in  the  obligation of  tenancy,  and  the amendment                 
  allows the  landlord to  recover and  protect the  property.                 
  Another provision in  the amendment deals with  the changing                 
  of  locks by tenants, making it  impossible for the landlord                 
  to have access for emergencies.  He gave some examples where                 
                                                                               
                                                                               
  the locks could  be changed, as  long as a  set of key  were                 
  given to the  landlord within  5 days along  with a  written                 
  notice of the change.  The third provision of this amendment                 
  requires  the  landlord  to notify  when  the  utilities are                 
  turned off.  They  discussed various agreements that can  be                 
  made between the landlord and tenant.                                        
  In answer to a  question by SENATOR JACKO on  the utilities,                 
  SENATOR  DONLEY  gave  an  example   of  abuses  of  utility                 
  agreements, where tenants turn off the utilities sooner than                 
  expected.  In most of his  scenarios the landlord gets stuck                 
  with the last month's bill.                                                  
                                                                               
  Number 111                                                                   
                                                                               
  SENATOR  LITTLE  asked if  he  had  heard from  any  utility                 
  companies regarding the amendment.                                           
                                                                               
  SENATOR DONLEY said it  was in the House version  last year,                 
  but the utilities prefer the utility agreements.  He said it                 
  was clearly the burden of the  landlord to ask the utilities                 
  for the agreement.                                                           
                                                                               
  SENATOR TAYLOR asked SENATOR  DONLEY why he changed the  two                 
  mandatory  provisions  that  existed  on  page 9,  lines  11                 
  through  26,  Section 5  and 6  of  the amendment.   SENATOR                 
  DONLEY  said   it  was a  style  change by  DAVID DIERDORFF,                 
  Revisor of Statutes.  They decided it was more grammatically                 
  correct.                                                                     
                                                                               
  SENATOR LITTLE asked about SENATOR DONLEY'S use of "ordinary                 
  and nonabusive,"  and whether  nonabusive was  ever defined.                 
  She discussed her reluctance to use an undefined word.                       
                                                                               
  SENATOR   TAYLOR  clarified  it  was  not  SENATOR  DONLEY'S                 
  amendment and that it  was a language change.   They decided                 
  to  asked MR. SKIDMORE, who defended the use of "nonabusive"                 
  rather than reasonable.   SENATOR  TAYLOR described some  of                 
  the abuses by tenants of equipment,  and he thought this was                 
  SENATOR LEMAN'S choice,  but he wasn't  sure it was a  legal                 
  definition.   He told SENATOR LITTLE that  lawyers often use                 
  Black's Law Dictionary for definitions.                                      
                                                                               
  Number 177                                                                   
                                                                               
  SENATOR LITTLE wanted  to make a  point of her objection  to                 
  nonabusive  as an  undefined word  and as  a  substitute for                 
  deliberately or negligently  in the statute.   She gave some                 
  reasons for her objections.                                                  
                                                                               
  SENATOR TAYLOR agreed some of her objections were warranted,                 
  and  there  was  some discussion  on  the  word, nonabusive,                 
  within  the committee,  with SENATOR  DONLEY supporting  the                 
  word, nonabusive,  over deliberately or  negligently.  There                 
  was   general  agreement   on  his   description  of   major                 
                                                                               
                                                                               
  destruction by tenants.   SENATOR  JACKO asked if  it was  a                 
  reason to throw out a tenant, and SENATOR DONLEY said it was                 
  more of a fine tuning of existing requirements.                              
                                                                               
  SENATOR LITTLE explained why she thought unreasonably should                 
  stay in the amendments, and  SENATOR TAYLOR explained why it                 
  was  difficult  to  prove  what  is a  reasonable  level  of                 
  disturbance from tenants.                                                    
                                                                               
  Number 263                                                                   
                                                                               
  MR.  SKIDMORE  referred  to SENATOR  FRANK'S  Amendment  #2,                 
  paragraph (3) to  address the concerns expressed  by SENATOR                 
  LITTLE.    He  read from  the  amendment:  "(3) constituting                 
  noncompliance by the tenant with the rental agreement, other                 
  than a provision of  the rental agreement that  addresses an                 
  obligation imposed by AS 34.03.120(a), detrimentally  affect                 
  the  landlord's  investment  in  the  premises,  the   quiet                 
  enjoyment of the premises  by other tenants, or the  use and                 
  occupancy of adjacent premises."                                             
                                                                               
  SENATOR TAYLOR suggested the committee members might want to                 
  act on parts of Amendment #5, but there was no agreement.                    
                                                                               
  SENATOR TAYLOR adopted Amendment #5 without objections.                      
                                                                               
  SENATOR TAYLOR moved to adopt SENATOR DONLEY'S Amendment #6,                 
  8-LSO376\K.8, Chenoweth, 3/18/93.   SENATOR  DONLEY gave  an                 
  example of his provision in the amendment to allow landlords                 
  to  remove  personal  property  not  covered by  the  rental                 
  agreement.  Presently, there is no legal access to do this.                  
                                                                               
  In  answer  to questions  by  SENATOR JACKO,  SENATOR DONLEY                 
  explained how the amendment differs from existing law.                       
                                                                               
  Number 317                                                                   
                                                                               
  SENATOR  TAYLOR  said  SENATOR  DONLEY'S  Amendment  #6  was                 
  adopted by the committee without objections.                                 
                                                                               
  SENATOR TAYLOR explained  SENATOR DONLEY'S Amendment  #7 was                 
  identified  as 8-LSO376\K.9,  Chenoweth,  3/19/93.   SENATOR                 
  DONLEY  said  this  amendment   was  clean-up  language   in                 
  reference to  the  rights  of  the landlord  to  access  the                 
  dwelling unit except as referenced.                                          
                                                                               
  SENATOR  TAYLOR  asked   if  there  was  a   definition  for                 
  "abandoned" or "surrendered."  SENATOR  JACKO said there was                 
  no precise definition, and SENATOR TAYLOR gave an example of                 
  transients who abandon  property.  SENATOR DONLEY  said that                 
  was  addressed  in a  later  amendment, Amendment  #10, that                 
  adds: "The landlord  may reenter the  dwelling unit and,  if                 
  there is evidence that the tenant has abandoned the dwelling                 
  unit,  unless the landlord  and tenant have  made a specific                 
                                                                               
                                                                               
  agreement to the  contrary, the  landlord may terminate  the                 
  rental agreement," to AS 34.03.230(b) to terminate tenancy.                  
                                                                               
  Number 382                                                                   
                                                                               
  SENATOR  JACKO thought  it  was difficult  to  be a  tenant.                 
  SENATOR DONLEY explained many of the  problems have not been                 
  addressed for a  long time,  and he reviewed  some of  these                 
  problems.   SENATOR JACKO said his family owned an apartment                 
  building, and they  had not encountered  some of the  severe                 
  problems addressed by the amendments.                                        
                                                                               
  SENATOR DONLEY claimed  he did want protection  for tenants,                 
  also, but he  wanted to give landlords tools  to deal with a                 
  small percentage  of tenants,  who have  learned to  use the                 
  system unfairly. He  explained it  was tragic  for the  good                 
  tenants,  because they all pay an  additional price for rent                 
  for all of  the intentionally  bad tenants.   He thought  it                 
  would help the good tenants.                                                 
                                                                               
  Number 448                                                                   
                                                                               
  SENATOR JACKO continued to defend the present practices as a                 
  cost  of doing  business,  and he  was  concerned about  the                 
  rights of the tenants.                                                       
                                                                               
  SENATOR TAYLOR summarize some of the possible horror stories                 
  on both sides of the landlord/tenant transactions.                           
                                                                               
  MR. SKIDMORE thought  SENATOR DONLEY'S  time frame of  seven                 
  days  was  reasonable, and  he  recited current  statutes as                 
  proof.                                                                       
                                                                               
  SENATOR TAYLOR adopted Amendment #7 with no objections.                      
                                                                               
  SENATOR TAYLOR identified SENATOR  DONLEY'S Amendment #8  as                 
  8-LSO376\K.10, Chenoweth, 3/19/93.  SENATOR DONLEY explained                 
  this amendment  would allow landlords  to serve a  notice to                 
  quit  tenancy  upon  a  tenant  if  they fail  to  keep  the                 
  utilities current.  He said it added to  the list for notice                 
  of eviction.                                                                 
                                                                               
  SENATOR JACKO triggered  a discussion with other  members of                 
  tenants  living without utilities,  the abuses, the options,                 
  and the court proceedings.                                                   
                                                                               
  Number 537                                                                   
                                                                               
  SENATOR LITTLE asked for more  explanation on the amendment,                 
  and SENATOR DONLEY  explained it was more  than non-payment,                 
  it was a disconnect.  He read from the amendment to explain,                 
  "the landlord may  deliver a  written notice  to the  tenant                 
  advising  that  .... the  tenancy  will terminate  five days                 
  after  the tenant's  receipt of  the  notice" if  they don't                 
                                                                               
                                                                               
  reconnect the utilities.   SENATOR TAYLOR gave  some further                 
  explanation on the discontinued service .....                                
                                                                               
  TAPE 93-41, SIDE A                                                           
  Number 001                                                                   
                                                                               
  .... and SENATOR DONLEY said  Alaska Legal Services provides                 
  the defense for tenants.                                                     
                                                                               
  With no  further objects, SENATOR TAYLOR  declared Amendment                 
                                                                               
  SENATOR DONLEY moved  to adopt Amendment  #9, 8-LSO376\K.11,                 
  Chenoweth, 3/18/93, and  explained it  was a very  important                 
  provision for relations  between landlords and tenants.   He                 
  quoted current statutes  dealing with falling behind  on the                 
  rent, and  the offer  by the  tenant to  pay less  than full                 
  rent.   He explained  how this  would effect  the notice  of                 
  eviction  and  the  relationship  with   the  tenant  so  he                 
  included: "A  landlord who has  given written notice  to the                 
  tenant under this subsection may accept a partial payment of                 
  the rent due under the rental  agreement and extend the date                 
  for  the eviction  accordingly."   He  said  it would  allow                 
  mitigation among the parties.   Without objection, Amendment                 
                                                                               
  Number 080                                                                   
                                                                               
  SENATOR TAYLOR defined SENATOR DONLEY'S  Amendment #10 as 8-                 
  LSO376\K.12, Chenoweth,  3/19/93.  SENATOR  DONLEY explained                 
  this amendment was  discussed previously in reference  to an                 
  amendment,  which  would  allow  the  landlord  to  enter  a                 
  possible abandoned dwelling unit.  Amendment #10 was adopted                 
  without objection.                                                           
                                                                               
  SENATOR TAYLOR defined SENATOR DONLEY'S  Amendment #11 as 8-                 
  LSO376\K.13, Chenoweth, 3/18/93.   SENATOR DONLEY  explained                 
  Amendment #11  deals with  a confusing  portion of  the law,                 
  which elicits the question, "How  do you deal with  property                 
  that  has been abandoned  or left behind  by a  tenant."  In                 
  addition,  he  read  his  succinct  changes to  the  archaic                 
  structure of the original language  in the statute.  SENATOR                 
  TAYLOR  pointed   out  the  contrasting  directions  in  the                 
  amendment, and SENATOR DONLEY checked for the context of the                 
  amendment  in the statutes.  They agreed there were specific                 
  requirements,  which  they planned  to  research at  a later                 
  time.   SENATOR TAYLOR  moved Amendment  #11 from  committee                 
  without objections.                                                          
                                                                               
                                                                               
  Number 158                                                                   
                                                                               
  SENATOR LITTLE proposed another amendment, Amendment #12, 8-                 
  LSO376\K.18, Chenoweth, 4/6/93, which would change the title                 
                                                                               
                                                                               
  of the bill  and would insert  new sections  in the bill  to                 
  provide for mediation between the tenant and the landlord in                 
  order  to avoid court  action, which  is presently  the only                 
  solution  for  disputes.   She  explained  that  many states                 
  already  have  realized  benefits  from  mediation   between                 
  landlords and tenants,  and she thought her  amendment would                 
  be fair to both parties.                                                     
                                                                               
  SENATOR LITTLE further explained it had to be agreed upon by                 
  both parties before  mediation took place, and  either party                 
  could withdraw  from mediation  at any  time.   She said  it                 
  wouldn't slow down the proceedings,  but would make it  less                 
  expensive  for both  parties  if  they  agree to  resolve  a                 
  problem.   She concluded  her explanation  of Amendment  #12                 
  with the benefits of the procedure, to save the state money,                 
  and work out problems without court participation.                           
                                                                               
  SENATOR JACKO asked SENATOR LITTLE  why her amendment didn't                 
  require  mediation  first,  and  she  said  it  may  not  be                 
  appropriate in all cases.  She  said she was following along                 
  with  permissive  laws provided  in  other states.   SENATOR                 
  JACKO asked if  her amendment was  similar to that of  other                 
  states.                                                                      
                                                                               
  SENATOR  TAYLOR  said, in  most other  states, they  did not                 
  adopt the landlord/tenant  laws similar to those  of Alaska,                 
  and said he didn't  know of another state with  such liberal                 
  laws  as Alaska.   He  gave some  history on  the bill  from                 
  previous years and  said there were many  problems in Alaska                 
  that needed to be addressed.                                                 
                                                                               
  SENATOR JACKO  asked about  amending her  amendment to  make                 
  mediation a requirement instead of permissive.                               
                                                                               
  SENATOR TAYLOR thought  such an amendment would  destroy the                 
  aim  of  the  original  purposes  of  the bill  and  add  an                 
  additional layer on the legislation  that currently exists -                 
  that would make it intolerable to people.                                    
                                                                               
  Number 224                                                                   
                                                                               
  SENATOR  JACKO  defended   the  mediation  requirement,  and                 
  SENATOR TAYLOR suggested it  would be difficult to  find the                 
  tenant to  mediate.  He  said the tenant  will intentionally                 
  dodge the  landlord who  is trying  to serve  them with  the                 
  eviction   notice.     SENATOR   JACKO  suggested   using  a                 
  requirement to reasonably attempt to mediate, which wouldn't                 
  be used if the tenant was avoiding contact.                                  
                                                                               
  SENATOR  DONLEY  thought  it  could  be  a  suggestion  that                 
  landlords might want  to include in their  rental agreements                 
  mediation clauses.   He claimed  the problem with  mediation                 
  would be that it wouldn't resolve anything, and he explained                 
  his  reasons.    He didn't  have  a  problem  with adding  a                 
                                                                               
                                                                               
  suggestion for mediation so long as it is not mandatory.                     
                                                                               
  Number 289                                                                   
                                                                               
  SENATOR JACKO said he didn't dispute SENATOR DONLEY, but was                 
  expressing  his  concern for  tenants  in general,  and that                 
  landlords may abuse some of the tenants.                                     
                                                                               
  SENATOR  TAYLOR  described   constitutional  problems   with                 
  denying someone their right to go to court, which would make                 
  the mandatory aspect of the amendment unconstitutional.                      
                                                                               
  SENATOR  JACKO continued to protect the reasonable mediation                 
  feature of the legislation.   SENATOR LITTLE said she  would                 
  continue to research the possibilities.                                      
                                                                               
  SENATOR TAYLOR moved for adoption of Amendment #12.  Without                 
  objections, so ordered.                                                      
                                                                               
  SENATOR TAYLOR  referenced a  proposed amendment,  Amendment                 
  which  "Proposed  for  addition to  the  forcible  entry and                 
  detainer  law  (AS 09.45.070  - 09.45.160)  in  SB is  a new                 
  section, bill section 6.  It would add AS  09.45.125 and, in                 
  essence, give the landlord, who prevails in a forcible entry                 
  and  detainer  action  the  right  to  apply  to  the  court                 
  immediately  for a writ of assistance to secure the eviction                 
  of the tenant."                                                              
                                                                               
  SENATOR DONLEY moved Amendment #13.   Without objections, so                 
  ordered.                                                                     
                                                                               
  SENATOR DONLEY moved to pass CS FOR SENATE BILL NO. 155(JUD)                 
  from  committee with individual recommendations.  There were                 
  objections  from SENATOR LITTLE.  Roll  call placed the vote                 
  at 2-2, and the bill stayed in committee.                                    
                                                                               
  There  being  no   further  business  to  come   before  the                 
  committee, the meeting was adjourned at 3:30 p.m.                            

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