Legislature(1993 - 1994)
1994-05-03 Senate Journal
Full Journal pdf1994-05-03 Senate Journal Page 4279 HB 222 CS FOR HOUSE BILL NO. 222(FIN) "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement; and amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska District Court Rules of Civil Procedure" was read the second time. Senator Pearce moved and asked unanimous consent for the adoption of the Finance Senate Committee Substitute offered on page 4216. Senator Pearce called the Senate, then lifted the call. Without objection, SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) was adopted. SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) was read the second time. Senator Pearce offered Amendment No. 1 : Page 16, lines 23 - 24: Delete "or in premises used as temporary housing, public or private," Page 17, line 8, after "purposes" Insert "; (8) occupancy under a rental agreement covering premises used as part of a transitional or supportive housing program that is sponsored or operated by a public corporation or by a nonprofit corporation and that provides shelter and related support services intended to improve the occupant's opportunity to obtain permanent housing" Senator Pearce moved for the adoption of Amendment No. 1. Senator Adams objected, then withdrew his objection. There being no further objections, Amendment No. 1 was adopted. Senator Leman offered Amendment No. 2 : 1994-05-03 Senate Journal Page 4280 HB 222 Page 16, following line 19: Insert a new bill section to read: "* Sec. 30. AS 34.03 is amended by adding a new section to read: Sec. 34.03.325. LANDLORD'S REFUSAL TO RENT TO UNMARRIED PERSONS. Notwithstanding AS 18.80.240(1) - (3) and (5), a landlord may refuse to lease or rent a dwelling unit to a prospective tenant, or, if so provided in the rental agreement, may terminate the rental agreement for a dwelling unit occupied by a tenant, if (1) the landlord reasonably believes that (A) the tenant occupies, or the prospective tenant will occupy, the dwelling unit with another person who is not married to the tenant or prospective tenant; and (B) the tenant or the prospective tenant and the other person have a sexual relationship with each other; and (2) the personal religious beliefs of the landlord prevent the landlord from leasing or renting premises to persons who have a sexual relationship but are not married to each other." Renumber the following bill sections accordingly. Page 19, line 21: Delete "sec. 36" Insert "sec. 37" Senator Leman moved for the adoption of Amendment No. 2. Senator Little objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SCS CSHB 222(FIN) am S Second Reading Amendment No. 2 YEAS: 5 NAYS: 15 EXCUSED: 0 ABSENT: 0 1994-05-03 Senate Journal Page 4281 HB 222 Yeas: Halford, Leman, Miller, Pearce, Taylor Nays: Adams, Donley, Duncan, Ellis, Frank, Jacko, Kelly, Kerttula, Lincoln, Little, Phillips, Rieger, Salo, Sharp, Zharoff and so, Amendment No. 2 failed. Senator Ellis offered Amendment No. 3 : Page 2, line 3 and Page 3, line 24: after "within" Delete "five" Insert "7" Page 14, line 8: Delete "five" [10] Insert "7" Senator Ellis moved and asked unanimous consent for the adoption of Amendment No. 3. Without objection, Amendment No. 3 was adopted. Senator Donley offered Amendment No. 4 : Insert a new bill section: "AS 34.03.220 is amended by adding a new subsection to read: (e) A person whose use of premises is based solely on rights acquired by a tenant, and who has not individually acquired the rights of a tenant under this chapter, does not acquire rights under this chapter as a result of being present on the premises." Senator Donley moved and asked unanimous consent for the adoption of Amendment No. 4. Senator Taylor objected, then withdrew his objection. There being no further objections, Amendment No. 4 was adopted. Senator Donley offered Amendment No. 5 : 1994-05-03 Senate Journal Page 4282 HB 222 Insert a new bill section: "AS 34.03.100(c) is amended to read: (c) The landlord and tenant of a one- or two-family residence may agree in writing that the tenant perform the landlord's duties specified in (a)(4), (5), (6), and (7) of this section. A tenant may agree to perform the duties specified in (a)(3) of this section in rental units where the rent exceeds $2,000 a month. They may also agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling , but the tenant may not agree to maintain elevators in good and safe working order. Agreements are allowed under this subsection only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord." Senator Donley moved and asked unanimous consent for the adoption of Amendment No. 5. Without objection, Amendment No. 5 was adopted. Senator Little offered Amendment No. 6 : Page 13, line 27: Delete "10" Insert "15" Senator Little moved for the adoption of Amendment No. 6. Senator Taylor objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SCS CSHB 222(FIN) am S Second Reading Amendment No. 6 YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo Nays: Donley, Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Zharoff 1994-05-03 Senate Journal Page 4283 HB 222 and so, Amendment No. 6 failed. Senator Donley offered Amendment No. 7 : Add a new section to read: "AS 34.03.070(a) is amended to read: (a) A landlord may not demand or receive prepaid rent or a security deposit, however denominated, in an amount or value in excess of two month's periodic rent. This section does not apply to rental units where the rent exceeds $2,000 a month." Senator Donley moved for the adoption of Amendment No. 7. Senator Kelly objected, then withdrew his objection. There being no further objections, Amendment No. 7 was adopted. Senator Taylor moved and asked unanimous consent that SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S be considered engrossed, advanced to third reading and placed on final passage. Senator Duncan objected. The question being: "Shall SENATE CS FOR CS FOR HOUSE BILL NO. 222(FIN) am S be advanced to third reading?" The roll was taken with the following result: SCS CSHB 222(FIN) am S Advance from Second to Third Reading? YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Halford, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor Nays: Adams, Donley, Duncan, Ellis, Jacko, Kerttula, Lincoln, Little, Salo, Zharoff and so, the bill failed to advance to third reading.