Legislature(2023 - 2024)GRUENBERG 120
02/14/2024 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| HB161 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 97 | TELECONFERENCED | |
| += | HB 161 | TELECONFERENCED | |
HB 161-CIVIL LEGAL SERVICES FUND
1:44:18 PM
CHAIR VANCE announced that the final order of business would be
HOUSE BILL NO. 161, "An Act relating to appropriations to the
civil legal services fund."
1:44:36 PM
REPRESENTATIVE ALLARD moved to adopt Amendment 1 to HB 161,
labeled 33-LS0746\A.1, A. Radford, 2/9/24, which read:
Page 1, line 1:
Delete "appropriations to"
Page 1, line 11, following "individuals.":
Insert "An organization may not use funds
received under this section to provide legal
assistance for issues arising under AS 34.03 (Uniform
Residential Landlord and Tenant Act)."
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
1:44:41 PM
REPRESENTATIVE ALLARD explained that she was moving Amendment 1
because she continues to hear landlords complaining that the
Alaska Legal Services Corporation (ALSC) unjustifiably targets
them. She said she was certain that some cases are legitimate;
however, there seemed to be a bias against landlords. She said
the proposed amendment would restrict the use of [civil legal
services] funds to activities connected with the Landlord Tenant
Act.
1:46:56 PM
REPRESENTATIVE GRAY asked for the bill sponsor's stance on
Amendment 1.
1:47:06 PM
RACHAEL GUNN, Staff, Representative Stanley Wright, Alaska State
Legislature, on behalf of Representative Wright, prime sponsor
of HB 161, stated that Amendment 1 aimed to exclude a specific
area of legal assistance from the funding scope of the bill.
She added that the sponsor opposed the amendment for the
following reasons: it would introduce administrative and
operational challenges for ALSC, potentially causing an
"accounting nightmare" due to the need to segregate funding
based on the type of legal assistance required. More
critically, the restrictions on using funds could impact
individuals in dire situations, such as those attempting to
escape domestic violence. She reported that ALSC processed 87
percent of its housing cases with no court involvement. On
average, housing cases represent 15 percent of ALSC's total
caseload, which is around 700 cases per year.
REPRESENTATIVE GRAY asked whether landlords use ALSC's landlord
tenant hotline.
1:50:01 PM
MAGGIE HUMM, Interim Executive Director, Alaska Legal Services
Corporation (ALSC), said yes, both landlords and tenants can
call into the hotline.
REPRESENTATIVE GRAY asked whether Amendment 1 would prevent
landlords from receiving assistance from the hotline.
MS. HUMM said Amendment 1 would affect any work done under the
Landlord Tenant Act, which applies to landlords and tenants
equally.
1:50:52 PM
REPRESENTATIVE GROH asked whether ALSC's representation in
landlord tenant cases sometimes involve veterans.
MS. HUMM answered yes, veterans, seniors, those experiencing
disabilities or domestic violence are all represented in
landlord tenant cases.
1:51:52 PM
REPRESENTATIVE CARPENTER pointed out that the deletion of the
words "appropriations to" on page 1, line 1, would change the
title of the bill. He suggested that to maintain the underlying
purpose of the bill, the first part of the amendment may be out
of order. In addition, he was unsure how Amendment 1 would be
enforced.
1:53:26 PM
The committee took an at-ease from 1:53 p.m. to 2:05 p.m.
2:05:50 PM
REPRESENTATIVE CARPENTER restated his question and asked whether
the deletion of "appropriations to" from the bill title was
necessary to achieve the purpose of the proposed amendment and
whether it would conflict with the bill's intent.
2:07:01 PM
CONRAN GUNTHER, Attorney, Legislative Legal Services,
Legislative Affairs Agency (LAA), shared his understanding that
deleting "appropriations" would make the bill broader in scope.
REPRESENTATIVE CARPENTER asked whether the deletion would
require a title change vote on the House floor.
MR. GUNTHER answered no.
REPRESENTATIVE CARPENTER asked whether lines 5-7 of Amendment 1
would be enforceable from a legal perspective.
MR. GUNTHER said to the same extent that any action is
prohibited by statute is enforceable. He acknowledged that
there is no specific penalty, so seeking an injunction on the
action would be the primary enforcement.
2:09:06 PM
REPRESENTATIVE ALLARD, in wrap up, stated that Amendment 1 would
require the ALSC to use federal dollars for landlord tenant
disputes. She reasoned that the proposed amendment would allow
state dollars to be better utilized for victims of domestic
violence, divorce, etcetera.
2:10:05 PM
REPRESENTATIVE GROH maintained his objection.
2:10:17 PM
A roll call vote was taken. Representatives Allard, Carpenter,
Sumner, and Vance voted in favor of Amendment 1.
Representatives Groh and Gray voted against it. Therefore,
Amendment 1 was adopted by a vote of 4-2.
CHAIR VANCE sought final comments from committee members.
2:11:02 PM
REPRESENTATIVE GROH said he was supportive of the bill; however,
he characterized the adoption of Amendment 1 as unfortunate,
adding that it hurts the bill and reduces its effectiveness.
CHAIR VANCE sought final comment from the bill sponsor.
2:12:04 PM
MS. GUNN thanked the committee and shared her belief that
Amendment 1 was detrimental to the spirit of the bill. She
reported that in the Alaska Court System, 69 percent of
landlords have representation, while only 3 percent of tenants
have representation.
2:12:41 PM
REPRESENTATIVE ALLARD moved to report HB 161, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 161(JUD) was
reported from the House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 161 - Amendment #1 (A.1) by Rep. Allard.pdf |
HJUD 2/14/2024 1:00:00 PM |
HB 161 |