Legislature(1993 - 1994)

03/24/1993 09:00 AM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                 SENATE STATE AFFAIRS COMMITTEE                                
                         March 24, 1993                                        
                            9:00 a.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Senator Loren Leman, Chairman                                                
  Senator Mike Miller, Vice Chairman                                           
  Senator Robin Taylor                                                         
  Senator Jim Duncan                                                           
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Senator Johnny Ellis                                                         
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  SENATE BILL NO. 168                                                          
  "An Act relating to newspapers of general circulation."                      
                                                                               
  SENATE BILL NO. 158                                                          
  "An Act relating to exemption amounts."                                      
                                                                               
  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                                             
                                                                               
  SB 168 - See State Affairs minutes dated 3/22/93.                            
                                                                               
  SB 158 - No previous action to record.                                       
                                                                               
  SB 155 - No previous action to record.                                       
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  Steve Phillips                                                               
  Ketchikan Credit                                                             
  320 Bauden, #302                                                             
  Ketchikan, Alaska                                                            
  POSITION STATEMENT:  Supported SB 158.                                       
                                                                               
  David Skidmore, Legislative Aide to Senator                                  
    Steve Frank                                                                
  State Capitol                                                                
  Juneau, Alaska 99811-1182                                                    
  POSITION STATEMENT:  Commented on SB 155.                                    
                                                                               
                                                                               
  Eugene Smith                                                                 
  Evergreen Properties                                                         
  8930 Mendenhall Loop Rd.                                                     
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Pat Conheady                                                                 
  231 S. Franklin                                                              
  Juneau, Alaska 99801                                                         
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Doug Isaacson                                                                
  Tenant Watch                                                                 
  P.O. Box 72739                                                               
  Fairbanks, Alaska 99707                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Dan Bissell                                                                  
  Dixon Apartments                                                             
  100 10th Ave.                                                                
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Charles Lippitt                                                              
  2203 McKinley Ave.                                                           
  Anchorage, Alaska 99503                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Alice Brewer, Executive Secretary                                            
  Alaska Landlord and Property Manager's Association                           
  1201 W 45 th Ave.                                                            
  Anchorage, Alaska 99517                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Dave Erlich                                                                  
  2308 W 47th                                                                  
  Anchorage, Alaska 99517                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Kris Gratrix                                                                 
  1327 W 27th, # 100                                                           
  Anchorage, Alaska 99503                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Hans Metz                                                                    
  5305 E 42nd Ave.                                                             
  Anchorage, Alaska 99508                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  John Todd                                                                    
  13320 Crestview Dr.                                                          
  Anchorage, Alaska 99516                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
                                                                               
  Jerry Haggerty                                                               
  1016 E. 12 th Ave., #1                                                       
  Anchorage, Alaska 99501                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Jan Evensen                                                                  
  838 Irwin, Apt. 6                                                            
  Anchorage, Alaska 99508                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Edgar Preiss                                                                 
  4722 Melvin Ave.                                                             
  Anchorage, Alaska 99517                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Gene and Diana Rash                                                          
  9000 Honeysuckle                                                             
  Anchorage, Alaska 99502                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Fitz Mitchell                                                                
  1716 Crescent                                                                
  Anchorage, Alaska 99508                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Donald Blanc                                                                 
  415 5th Ave.                                                                 
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Myra Sheets                                                                  
  1028 Evergreen St., #1                                                       
  Fairbanks, Alaska 99709                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Barbara Cardin                                                               
  415 5th Ave.                                                                 
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Cindy Helms                                                                  
  1615 Carr #1                                                                 
  Fairbanks, Alaska 99709                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Meredith Coats                                                               
  2546 Talkeetna                                                               
  Fairbanks, Alaska 99709                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Roy Helms                                                                    
  1452 Noble St                                                                
  Fairbanks, Alaska 99701                                                      
                                                                               
                                                                               
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Sam Medsker                                                                  
  1983 Yankovich Rd.                                                           
  Fairbanks, Alaska 99709                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Jerry Hassel                                                                 
  P.O. Box 49                                                                  
  Ester, Alaska 99725                                                          
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Ruth Gudschinsky                                                             
  1622 Lauren Rd.                                                              
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Henry Wadle                                                                  
  1012 Pedro Street                                                            
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Don Wadle                                                                    
  4888 Old Airport Way                                                         
  Fairbanks, Alaska 99706                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Nils Braastad                                                                
  135 Craig                                                                    
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Ruth Peger                                                                   
  3873 Peger Rd.                                                               
  Fairbanks, Alaska 99709                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  Jerome Byrd                                                                  
  2224 Eastland                                                                
  Fairbanks, Alaska 99701                                                      
  POSITION STATEMENT:  Supported SB 155.                                       
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-22, SIDE A                                                           
  Number 001                                                                   
  CHAIRMAN LEMAN  called the  Senate  State Affairs  Committee                 
  meeting  to  order  at  9:00  a.m.  and  announced  SB   168                 
  (NEWSPAPER  OF  GENERAL CIRCULATION  DEFINED)  to be  up for                 
  consideration.                                                               
                                                                               
  SENATOR TAYLOR moved to adopt CSSB  168 (STA) as the working                 
  draft for the  committee.  There  were no objections and  it                 
                                                                               
                                                                               
  was so ordered.                                                              
                                                                               
  SENATOR TAYLOR moved to pass  CSSB 168 (STA) from  committee                 
  with individual  recommendations.  There  were no objections                 
  and it was so ordered.                                                       
  Number 38                                                                    
  SENATOR LEMAN announced SB 158 REDUCING EXEMPTION AMOUNTS                    
  to be up for consideration.                                                  
                                                                               
  STEVE PHILLIPS, owner  of three credit bureaus  in Southeast                 
  Alaska,  said  most  of  their  debtors  are  debtor  proof.                 
  Essentially, you have to make at least $16 per hour to  have                 
  wages garnished, he  said.   They want to  bring the  credit                 
  lines closer  to what it is in the rest  of the country.  He                 
  said they have buried court with judgements, but  nothing is                 
  happening with them.                                                         
                                                                               
  Number 120                                                                   
                                                                               
  SENATOR  MILLER  said  he  had  a  problem  with  the $2,100                 
  exemption  for  personal  items.   He  didn't  think  it was                 
  enough, but he had no problem with the wages.                                
                                                                               
  Number 188                                                                   
                                                                               
  MR. PHILLIPS explained they have been  pursuing a lady for a                 
  couple of years who wears minks down the  street.  She works                 
  for  the  state.   They  tried to  attach  her wages  so she                 
  changed her retirement  program and got below  the exemption                 
  again.     He explained  that  the exemption  is  not for  a                 
  composite, but for individual items.                                         
                                                                               
  SENATOR MILLER thought  the Judiciary Committee could  check                 
  into that issue.                                                             
                                                                               
  SENATOR TAYLOR  asked if  the wage  was net  or gross.   MR.                 
  PHILLIPS said it's the net take-home after child support and                 
  everything.                                                                  
                                                                               
  MR. PHILLIPS pointed out  that it is bad for  the economy if                 
  people don't pay their debts.                                                
                                                                               
  Number 232                                                                   
                                                                               
  SENATOR  TAYLOR moved  to pass  SB 158  from committee  with                 
  individual recommendations.  There were no objections and it                 
  was so ordered.                                                              
  SENATOR LEMAN announced  SB 155  USE OF RENTED  PROPERTY/LAW                 
  VIOLATIONS to be up for consideration.                                       
                                                                               
                                                                               
  SENATOR FRANK, sponsor,  said provisions in this bill gave a                 
  landlord  the   ability   to   control   their   contractual                 
  relationship.  One of the issues the bill deals with is that                 
  the check list can be used as evidence of prior condition of                 
  the apartment without getting a witness.                                     
                                                                               
  Number 314                                                                   
                                                                               
  DAVID SKIDMORE, Legislative Aide for  Senator Frank, said SB
  155 reduces the  time a landlord  must wait before going  to                 
  court to commence eviction proceedings.  Specifically in the                 
  event the tenant does not pay rent when it's due, it changes                 
  the  days  from  10  to  5  days.    It  revises  the  legal                 
  obligations of  the tenant to  make them more  stringent and                 
  reworks the statutory definition of damages.  It adds to the                 
  landlord's  ability  to  seek  removal  of  abusive  tenants                 
  through the check list process.   A premises statement and a                 
  contents  inventory  list  may  be  incorporated  into   the                 
  agreement and stipulates how they may be used in court.   It                 
  includes  provisions  to  amend  Alaska  nuisance  abatement                 
  statutes.                                                                    
                                                                               
  Number 350                                                                   
                                                                               
  EUGENE SMITH,  owner of  Evergreen Properties,  said he  has                 
  experienced losses  in excess of $10,000  from irresponsible                 
  tenants  and inability to  collect judgements.   Part of the                 
  problem does relate  to the time frame currently required to                 
  evict tenants.  He supported SB 155.                                         
                                                                               
  SENATOR LEMAN  asked if he had personal  experience with the                 
  10 day  requirement.   MR. SMITH  said he  has had  numerous                 
  experiences.   He said  it is  a full  month before  you can                 
  begin the eviction process.                                                  
                                                                               
  SENATOR FRANK  remarked it  seemed that there  was a  direct                 
  relation  between  the amount  of time  it  took to  evict a                 
  tenant  and  the amount  of  the  deposit.   MR.  SMITH said                 
  ideally that  was  true, but  from the  standpoint of  human                 
  compassion  it was  unrealistic when  dealing with  marginal                 
  tenants.                                                                     
                                                                               
  Number 446                                                                   
                                                                               
  PAT CONHEADY said  his firm represents 4 trailer  courts and                 
  60  to 70 residential units in  Juneau.  He endorsed SB 155,                 
  specifically the property  condition and the reduction  to 5                 
  days notice on non-payment of rent.   MR. CONHEADY corrected                 
  MR. SMITH by  saying you can  go to court  after the 10  day                 
  notice.                                                                      
                                                                               
  MR. CONHEADY said  a couple of  other problems they see  are                 
  the provision  for the attorney's  fees which is  unclear as                 
  written.                                                                     
                                                                               
                                                                               
  Number 510                                                                   
                                                                               
  DOUG ISAACSON, Alaska Statewide Director of Credit Services,                 
  Inc., a credit screening service for landlords, said he sees                 
  landlords as credit  grantors.   However, landlords are  not                 
  treated  as  business people  when they  try to  terminate a                 
  lease in a  timely or expeditious  manner.  He supported  SB
  155 as a first step to help expedite a landlord's ability to                 
  reclaim his  property.   He said  this bill  would not  make                 
  anything  harder  on  the  tenant, but  it  would  help  the                 
  landlord to have  the right  to treat his  property from  an                 
  economic point of view.                                                      
                                                                               
  SENATOR LEMAN said  he intended to  move the bill today  and                 
  asked if anyone opposed the bill.  There were no comments.                   
                                                                               
  Number 560                                                                   
                                                                               
  DAN  BISSELL,  apartment  manager,  supported  most  of  the                 
  testimony and supported SB 155.                                              
                                                                               
  Number 579                                                                   
                                                                               
  CHARLES LIPPITT, Anchorage, strongly supported SB 155.                       
                                                                               
  TAPE 93-22, SIDE B                                                           
  Number 585                                                                   
                                                                               
  ALICE  BREWER,  Executive  Secretary,  Alaska  Landlord  and                 
  Property Manager's Association,  strongly supported SB  155,                 
  especially the police notifying  the landlord if there is  a                 
  drug arrest, the premises  condition statement, and changing                 
  the notification time to 5 days.                                             
                                                                               
  Number 570                                                                   
                                                                               
  DAVE ERLICH, Anchorage,  suggested some  changes on page  5,                 
  line 5 the word "prostitution" should be  changed to include                 
  "assignation."                                                               
                                                                               
  SENATOR LEMAN  said that Senator  Taylor said he  would take                 
  that up in the Judiciary Committee.                                          
                                                                               
  SENATOR TAYLOR explained that the Senate was being called to                 
  order and  asked if anyone  opposed the bill.   There was no                 
  opposition.                                                                  
                                                                               
  In Anchorage the following people were in support of SB 155:                 
  CHRIS GRATRIX,  HANS METZ,  JOHN TODD,  JERRY HAGGERTY,  JAN                 
  EVENSEN,  EDGAR  PREISS,  GENE  and  DIANA  RASH,  and  FITZ                 
  MITCHELL.                                                                    
                                                                               
  In Fairbanks the following people were in support of SB 155:                 
                                                                               
                                                                               
  DONALD  BLANC,  MYRA  SHEETS, BARBARA  CARDIN,  CINDY HELMS,                 
  MEREDITH COATS, ROY  HELMS, SAM MEDSKER, JERRY  HASSEL, RUTH                 
  GUDSCHINSKY,  HENRY WADLE,  DON WADLE,  NILS BRAASTAD,  RUTH                 
  PEGER, and JEROME BYRD.                                                      
                                                                               
  Number 492                                                                   
                                                                               
  SENATOR  MILLER moved  to  pass SB  155 from  committee with                 
  individual recommendations.  There were no objections and it                 
  was so ordered.                                                              
  SENATOR LEMAN adjourned the meeting at 10:01 a.m.                            

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