Legislature(2023 - 2024)
2024-03-20 House Journal
Full Journal pdf2024-03-20 House Journal Page 1887 HB 97 The following was read the second time: HOUSE BILL NO. 97 "An Act relating to self-storage facilities for personal property, including vehicles and watercraft; distinguishing self-storage facility liens from another type of storage lien; and excluding self- storage liens from the treatment of certain unclaimed property." with the: Journal Page L&C RPT CS(L&C) 4DP 2AM 961 FN1: ZERO(GOV/COMBINED) 961 JUD RPT CS(JUD) 4DP 2NR 1509 FN2: ZERO(GOV/COMBINED) 1509 Representative Saddler moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 97(JUD) (same title) Representative Eastman objected and withdrew the objection. 2024-03-20 House Journal Page 1888 Representative Sumner objected and withdrew the objection. There being no further objection, CSHB 97(JUD) was adopted. Amendment No. 1 was offered by Representative Josephson: Page 2, line 30, following "facility": Insert "to another place for safe storage" Representative Josephson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 97(JUD) Second Reading Amendment No. 1 YEAS: 33 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Armstrong, Carpenter, Carrick, Coulombe, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Story, Stutes, Tilton, Tomaszewski Nays: Baker, Cronk, Prax, Stapp, Sumner, Vance, Wright And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, line 13: Delete "A" Insert "Except as provided in (c) of this section, a" Page 2, following line 7: Insert a new subsection to read: "(c) A storage lien may not attach to property that has a lien, security lien, or security interest perfected under AS 45.29, or a 2024-03-20 House Journal Page 1889 lien or encumbrance established under AS 28.10.371 - 28.10.401, unless the holder of the lien, security lien, security interest, or encumbrance agrees to the storage lien." Page 2, line 19, following "lienholders": Insert "and other persons" Page 2, line 22: Delete "10" Insert "30" Page 5, lines 4 - 7: Delete all material and insert: "Sec. 34.35.660. Limit on value of property stored. A rental agreement must require the unit renter to declare the value of the unit renter's unit property that will be stored in the storage unit. If the declared value of the unit renter's property is higher than a limit specified in the rental agreement, the facility owner may not store the unit renter's property." Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 97(JUD) am Second Reading Amendment No. 2 YEAS: 3 NAYS: 37 EXCUSED: 0 ABSENT: 0 Yeas: Eastman, Hannan, Josephson Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright 2024-03-20 House Journal Page 1890 And so, Amendment No. 2 was not adopted. Representative Stapp moved and asked unanimous consent to set an amendment deadline of 5:35 p.m., today for CSHB 97(JUD) am. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Eastman: Page 2, line 12: Delete ", except a tax lien" Representative Eastman moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 97(JUD) am Second Reading Amendment No. 3 YEAS: 3 NAYS: 37 EXCUSED: 0 ABSENT: 0 Yeas: Eastman, Sumner, Tomaszewski Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Tilton, Vance, Wright And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Eastman: Page 3, line 8, following "address.": Insert "A facility owner must also attempt to notify the unit renter using each telephone number, address, electronic mail address, and other contact method provided by the unit renter." 2024-03-20 House Journal Page 1891 Page 3, line 10, following "shall": Insert "attempt to notify the unit renter using each telephone number, address, electronic mail address, and other contact method provided by the unit renter and shall" Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 97(JUD) am Second Reading Amendment No. 4 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Armstrong, Carrick, Dibert, Eastman, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mina, Ortiz, Rauscher, Schrage, Story, Stutes, Tomaszewski Nays: Baker, Carpenter, Coulombe, Cronk, Edgmon, Foster, C.Johnson, D.Johnson, McCabe, McKay, Mears, Prax, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Vance, Wright And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Eastman: Page 2, following line 7: Insert a new subsection to read: "(c) Notwithstanding (a) of this section, a facility owner does not have a storage lien on personal property if, at the time the personal property was placed in a storage unit, the facility owner or the owner's employee believed that the property was stolen." Representative Eastman moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Prax objected. 2024-03-20 House Journal Page 1892 The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 97(JUD) am Second Reading Amendment No. 5 YEAS: 2 NAYS: 38 EXCUSED: 0 ABSENT: 0 Yeas: Eastman, Tomaszewski Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Vance, Wright And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Eastman: Page 1, line 7: Delete "AS 34.35.600 - 34.35.670" Insert "AS 34.35.600 - 34.35.675" Page 1, line 10: Delete "AS 34.35.600 - 34.35.670" Insert "AS 34.35.600 - 34.35.675" Page 2, line 18: Delete "AS 34.35.600 - 34.35.670" Insert "AS 34.35.600 - 34.35.675" Page 4, line 20: Delete "AS 34.35.600 - 34.35.670" Insert "AS 34.35.600 - 34.35.675" Page 4, line 23: Delete "AS 34.35.600 - 34.35.670" Insert "AS 34.35.600 - 34.35.675" Page 5, line 9: Delete "AS 34.35.600 - 34.35.670" Insert "AS 34.35.600 - 34.35.675" 2024-03-20 House Journal Page 1893 Page 5, lines 10 - 11: Delete "AS 34.35.600 - 34.35.670" Insert "AS 34.35.600 - 34.35.675" Page 5, line 11: Delete "AS 34.35.600 - 34.35.670" Insert "AS 34.35.600 - 34.35.675" Page 5, following line 12: Insert a new section to read: "Sec. 34.35.670. Applicability. AS 34.35.600 - 34.35.670 apply only if, at the time the facility owner and unit renter enter into the rental agreement, the facility owner offers the unit renter an option to make electronic payments under the rental agreement." Page 5, line 13: Delete "Sec. 34.35.670" Insert "Sec. 34.35.675" Delete "AS 34.35.600 - 34.35.670" Insert "AS 34.35.600 - 34.35.675" Page 6, line 18: Delete "AS 34.35.600 - 34.35.670" Insert "AS 34.35.600 - 34.35.675" Page 6, line 23: Delete "AS 34.35.670" Insert "AS 34.35.675" Representative Eastman moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 97(JUD) am Second Reading Amendment No. 6 2024-03-20 House Journal Page 1894 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Eastman, Gray, Groh, Hannan, Himschoot, Josephson, Mina, Ortiz, Schrage, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Edgmon, Fields, Foster, Galvin, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Eastman: Page 2, lines 19 - 22: Delete all material and insert: "(2) requiring the unit renter to (A) disclose any lienholders with an interest in property that will be stored in the storage unit; (B) disclose whether the unit owner is subject to an order to provide service in the uniformed services and if the unit owner is subject to an order to provide service in the uniformed services, provide to the facility owner the name, address, and telephone number of a person the facility owner may contact if the facility owner is unable to contact the unit owner. Sec. 34.35.615. Enforcement. (a) Except as provided in (b) of this section, a facility owner may enforce a storage lien after a unit renter has been continuously in default for at least 10 days. (b) A facility owner may enforce a storage lien after a unit renter who is subject to an order to provide service in the uniformed services has been continuously in default for at least 45 days. In addition to the notices required by AS 34.35.600 - 34.35.670, a facility owner shall provide to the contact person identified by the unit renter under AS 34.35.610(b)(2)(C) notice that the facility owner is required to provide to the unit renter under AS 34.35.600 - 34.35.670." Page 6, following line 3: Insert a new paragraph to read: "(7) "service in the uniformed services" has the meaning given in 38 U.S.C. 4303." 2024-03-20 House Journal Page 1895 Renumber the following paragraphs accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Allard objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 97(JUD) am Second Reading Amendment No. 7 YEAS: 5 NAYS: 35 EXCUSED: 0 ABSENT: 0 Yeas: Eastman, Hannan, Josephson, Rauscher, Tomaszewski Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Vance, Wright And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Rauscher: Page 2, line 2, following "law": Insert "not to exceed an amount equal to 60 days of accrued charges permitted under the rental agreement, including rent, labor, and other fees" Page 3, line 9, following "days": Insert ", but not more than 20 days," Representative Rauscher moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: 2024-03-20 House Journal Page 1896 CSHB 97(JUD) am Second Reading Amendment No. 8 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Armstrong, Eastman, Edgmon, Fields, Galvin, Groh, Hannan, Himschoot, Josephson, McCabe, McCormick, McKay, Mina, Ortiz, Rauscher, Schrage, Story, Stutes, Vance Nays: Allard, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Foster, Gray, C.Johnson, D.Johnson, Mears, Prax, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Wright And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Galvin: Page 3, following line 27: Insert a new subsection to read: "(c) When a facility owner delivers or sends notice to the unit renter under (b) of this section, the facility owner shall send a copy of the notice to a lienholder disclosed by the unit renter under AS 34.35.610(b) or otherwise known to the facility owner. The notice to a lienholder must provide the lienholder an opportunity to pay the charges due and take possession of the property." Representative Galvin moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 97(JUD) am Second Reading Amendment No. 9 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 2024-03-20 House Journal Page 1897 Yeas: Armstrong, Carrick, Dibert, Eastman, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Schrage, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Edgmon, Foster, C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 9 was not adopted. Amendment No. 10 was not offered. Amendment No. 11 was offered by Representative Galvin: Page 3, line 13, following "address": Insert "and to each other lienholder identified in the rental agreement" Page 3, line 20: Delete the first occurrence of "a" Insert "an itemized" Following "due,": Insert "including the rent, fees, and any other charges," Page 3, line 25: Delete "and" Page 3, line 27, following "notice": Insert "; and (6) a blank declaration of opposition to the lien sale" Representative Galvin moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSHB 97(JUD) am Second Reading Amendment No. 11 2024-03-20 House Journal Page 1898 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Allard, Armstrong, Carrick, Dibert, Eastman, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Schrage, Story, Stutes Nays: Baker, Carpenter, Coulombe, Cronk, Foster, C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 11 was not adopted. Amendment No. 12 was not offered. Amendment No. 13 was offered by Representative Galvin: Page 3, lines 6 - 8: Delete "by electronic mail and certified mail sent to the most recent address provided by the unit renter in a rental agreement or subsequent written notice of change of address" Insert "by electronic mail sent to the most recent electronic mail address and by certified mail sent to the most recent mailing address for the unit renter provided by the unit renter in a rental agreement or subsequent written notice of change of address, and to the most recent electronic mail address and mailing address available for each lienholder other than the facility owner" Page 3, line 21: Delete "20" Insert "60" Representative Galvin moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: CSHB 97(JUD) am Second Reading Amendment No. 13 2024-03-20 House Journal Page 1899 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Eastman, Edgmon, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Rauscher, Schrage, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Foster, C.Johnson, D.Johnson, McCabe, McKay, Prax, Ruffridge, Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 13 was not adopted. Amendment Nos. 14 and 15 were not offered. Amendment No. 16 was offered by Representative Galvin: Page 4, line 19, following "property": Insert "other than a vehicle" Page 4, line 24, following "title.": Insert "(a)" Page 4, line 27, following "transfer.": Insert "A title transferred to a purchaser under this section is subject to all outstanding liens on the vehicle. (b) The Department of Administration may not transfer a vehicle title to a purchaser under (a) of this section until the department provides reasonable notice of the transfer to a person holding a lien on, or other security interest in, the vehicle." Representative Galvin moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Prax objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: CSHB 97(JUD) am Second Reading Amendment No. 16 2024-03-20 House Journal Page 1900 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Armstrong, Carrick, Dibert, Eastman, Fields, Galvin, Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears, Mina, Ortiz, Rauscher, Schrage, Stapp, Story, Stutes Nays: Allard, Baker, Carpenter, Coulombe, Cronk, Edgmon, Foster, C.Johnson, D.Johnson, McCabe, McKay, Prax, Ruffridge, Saddler, Shaw, Sumner, Tilton, Tomaszewski, Vance, Wright And so, Amendment No. 16 was not adopted. Representative Saddler moved and asked unanimous consent that CSHB 97(JUD) am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 97(JUD) am will advance to third reading on tomorrow's calendar.