Legislature(2023 - 2024)BARNES 124
05/03/2023 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 123 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 145 | TELECONFERENCED | |
| += | HB 97 | TELECONFERENCED | |
HB 97-SELF-STORAGE UNITS: LIENS; SALES
3:16:04 PM
CHAIR SUMNER announced that the only order of business would be
HOUSE BILL NO. 97, "An Act relating to self-storage facilities
for personal property, including vehicles and watercraft;
distinguishing self-storage facility liens from another type of
storage lien; and excluding self-storage liens from the
treatment of certain unclaimed property." [Before the committee
was the proposed committee substitute (CS) for HB 97, Version,
33-LS0392\S, Dunmire, 4/25/23, ("Version S"), adopted on 5/1/23
as a working document.]
CHAIR SUMNER ascertained that Representative Fields would not be
offering Amendments 1 or 2 at this time.
3:16:44 PM
REPRESENTATIVE CARRICK moved to adopt Amendment 3 to HB 97,
Version S, labeled 33-LS0392\B.1, Dunmire, 3/28/23, which read
as follows:
Page 3, line 3:
Delete "or"
Insert "and"
Following "recent":
Insert "electronic mail address and mailing"
Page 3, line 17:
Delete "20"
Insert "30"
CHAIR SUMNER objected.
3:16:50 PM
REPRESENTATIVE CARRICK noted that the amendment had been drafted
to the previous version of the proposed legislation, with the
lines the amendment is drafted on being the only difference.
She explained that Amendment 3 would require notification by
email and postage mail and increase the total number of days
required for notification from 20 to 30.
3:18:01 PM
REPRESENTATIVE WRIGHT asked for the bill sponsor's opinion on
the amendment.
REPRESENTATIVE PRAX, as prime sponsor, expressed the opinion
that the amendment is unnecessary because the proposed
legislation sets only minimum requirements, and storage owners
could make any changes, as the maximum would not be set. He
added that the language "mail" would imply certified mail, and
this would be a burden on storage facility owners.
3:19:29 PM
REPRESENTATIVE CARRICK responded that many Alaskans live in
rural areas and making the process duplicative would be
beneficial to them.
3:20:23 PM
REPRESENTATIVE FIELDS commented that e-mail systems often
incorrectly mark messages as spam.
3:20:58 PM
REPRESENTATIVE RUFFRIDGE expressed opposition to Amendment 3, as
these notices would be for a renter already in default;
therefore, the burden should fall on them.
3:22:00 PM
A roll call vote was taken. Representatives Carrick and Fields
voted in favor of Amendment 3 to HB 97, Version S.
Representatives Wright, Ruffridge, Saddler, Prax, and Sumner
voted against it. Therefore, Amendment 3 failed by a vote of 2-
5.
3:22:36 PM
REPRESENTATIVE FIELDS moved to adopt Amendment 1 to HB 97,
Version S, labeled 33-LS0392\S.1, Dunmire, 5/2/23, which read as
follow:
Page 2, lines 1-2:
Delete ", labor, late fees, and other charges,
and for expenses reasonably incurred in the sale or
other disposition of the property under law"
Insert "and late fees"
REPRESENTATIVE RUFFRIDGE objected.
3:22:41 PM
REPRESENTATIVE FIELDS explained that Amendment 1 would place
limits on the number of late fees rental facility owners would
be able to impose.
3:24:10 PM
REPRESENTATIVE SADDLER expressed opposition to the amendment,
opining that late fees should not be allowed only in the event
of delinquency.
3:25:25 PM
NATHANIEL DYE, Owner, Juneau Self Storage, providing invited
testimony, stated that storage facility owners usually only
recover approximately 30 percent of lost fees when auctioning
off a storage unit, and this is in addition to paying for an
auctioneer. He expressed opposition to Amendment 1.
3:26:43 PM
DARREL SMITH, General Manager, Best Storage, provided invited
testimony, stating that storage facilities are usually not able
to collect any [excess] fees charged [after default], and he
expressed opposition to Amendment 1.
3:27:30 PM
PAUL SCHNEIDER, Owner, Storage Solutions North, provided invited
testimony and expressed opposition to Amendment 1. He stated
that storage facility owners lose money on lost rent, in
addition to other fees, such as hauling trash to the dump.
3:28:16 PM
REPRESENTATIVE CARRICK expressed uncertainty about the other
possible fees there may be. She argued that the amendment would
protect against unnecessary fees.
3:29:20 PM
REPRESENTATIVE WRIGHT asked for the bill sponsor's opinion on
Amendment 1.
REPRESENTATIVE PRAX said that a rental facility agreement
assumes a tenant will clean out the storage unit and expressed
the opinion that those in default often leave behind junk.
3:30:50 PM
A roll call vote was taken. Representatives Carrick and Fields
voted in favor of Amendment 1 to HB 97, Version S.
Representatives Ruffridge, Saddler, Wright, Prax, and Sumner
voted against it. Therefore, Amendment 1 failed by a vote of 2-
5.
3:31:28 PM
REPRESENTATIVE FIELDS moved to adopt Amendment 2 to HB 97,
Version S, labeled 33-LS0392\S.4, Dunmire, 5/2/23, which read as
follows:
Page 2, line 22:
Delete "10"
Insert "15"
Page 3, line 9:
Delete "10"
Insert "75"
REPRESENTATIVE SADDLER objected.
3:31:38 PM
REPRESENTATIVE FIELDS stated that Amendment 2 would change the
bill's language to allow for 90 days of recovery after default.
3:32:16 PM
REPRESENTATIVE PRAX commented that the bill's purpose is to
establish minimum requirements and expressed the opinion that
the amendment is not necessary.
3:33:04 PM
REPRESENTATIVE FIELDS asked Mr. Smith to offer his thoughts on
the amendment.
MR. SMITH answered that individuals often use storage facilities
in times of crisis and allowing for 90 days would give them a
chance to recover.
3:34:42 PM
REPRESENTATIVE SADDLER expressed opposition to Amendment 2
because it would be the renter's failure to uphold this part of
the contract.
3:35:51 PM
REPRESENTATIVE CARRICK commented that it is possible for a
person going through a personal crisis to be unaware of the
default. She said that the amendment would give a chance for a
renter to recover and avoid losing property.
3:37:08 PM
A roll call vote was taken. Representatives Carrick and Fields
voted in favor of Amendment 2 to HB 97, Version S.
Representatives Ruffridge, Wright, Prax, Saddler, and Sumner
voted against it. Therefore, Amendment 2 failed by a vote of 2-
5.
3:37:43 PM
REPRESENTATIVE PRAX expressed the opinion that the proposed bill
would give storage facility owners and operators a better way to
deal with abandoned property.
3:38:10 PM
REPRESENTATIVE RUFFRIDGE moved to report CSHB 97, Version 33-
LS0392\S, Dunmire, 4/25/23, out of committee with individual
recommendations and the accompanying fiscal notes.
REPRESENTATIVE CARRICK objected.
3:38:26 PM
A roll call vote was taken. Representatives Prax, Wright,
Saddler, Ruffridge, and Sumner voted in favor of the motion to
report CSHB 97, Version 33-LS0392\S, Dunmire, 4/25/23, out of
committee with individual recommendations and the accompanying
fiscal notes. Representatives Carrick and Fields voted against
it. Therefore, CSHB 97(L&C) was reported out of the House Labor
and Commerce Standing Committee by a vote of 5-2.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Amendment Packet for HB97.pdf |
HL&C 5/3/2023 3:15:00 PM |
HB 97 |
| HB97 CS (2).pdf |
HL&C 5/3/2023 3:15:00 PM |
HB 97 |