Legislature(2013 - 2014)CAPITOL 120
04/07/2014 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings: || Confirmation Hearings: | |
| HB214 | |
| Confirmation Hearings: || Confirmation Hearings: | |
| HB214 | |
| HB282 | |
| HB375 | |
| HB60 | |
| HB282 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 60 | TELECONFERENCED | |
| + | HB 214 | TELECONFERENCED | |
| *+ | HB 381 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 375 | TELECONFERENCED | |
| += | SB 64 | TELECONFERENCED | |
| += | HB 108 | TELECONFERENCED | |
| += | HB 282 | TELECONFERENCED | |
HB 282-LANDLORD AND TENANT ACT
1:46:40 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 282, "An Act relating to the rights and
obligations of residential landlords and tenants; and relating
to the taking of a permanent fund dividend for rent and damages
owed to a residential landlord."
REPRESENTATIVE LYNN moved to adopt the latest version of HB 282.
Hearing no objection, CSHB 282(L&C) was before the committee.
1:48:00 PM
REPRESENTATIVE DOUG ISAACSON, Alaska State Legislature, thanked
the members who worked with him on HB 282. There are recent
changes, he noted.
BRENDA HEWITT, Staff to Senator Doug Isaacson, Alaska State
Legislature, said she has spoken with the members and believes
that there will be a conceptual amendment to remove Section 14,
which deals with domestic violence and an early departure [from
a rental unit]. The issue will be addressed in the new Uniform
Residential Landlord Tenant Act, "and so they'd be willing to
wait a couple years for that to be finished and then bring that
back as a separate item," she said.
CHAIR KELLER said that sounds good; it was a sticking point so
"that will make it a lot easier."
MS. HEWITT said if Section 14 is deleted, "it also means we may
be able to delete [AS 34.03.330(b)(9)]," which is on page 12 and
13, because it will be unnecessary.
1:49:37 PM
REPRESENTATIVE GRUENBERG asked if both of those will be part of
a single amendment and if there is anything else that would go
into that amendment.
CHAIR KELLER asked if this was a written amendment that
Representative Isaacson gave the committee or if it was new.
1:50:24 PM
REPRESENTATIVE ISAACSON answered that the only amendments
[distributed to the committee] he is asking to retain are
Amendments 3 and 5. He said he will offer two more amendments;
one would delete Section 14 and [AS 34.03.330(b)(9)], as noted
by Ms. Hewitt. Additionally, "it has been given to us that we
should retain the word 'uniform' as long as possible, and so the
very first part of this bill, page 1, line 6, through page 4,
line 28, would actually be deleted." He said, "We would be
deleting the deletion of 'uniform' in order to retain 'uniform'
as there is value in the court process until the powers that
govern the uniform tenant ... decree that we're no longer
uniform."
1:51:25 PM
CHAIR KELLER said he will set the bill aside and try to get back
to it later today. The committee needs a list of amendments and
copies for each member, he stated.
CHAIR KELLER announced that HB 282 was set aside. [The bill was
considered later in the same hearing.]
HB 282-LANDLORD AND TENANT ACT
2:47:46 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 282, "An Act relating to the rights and
obligations of residential landlords and tenants; and relating
to the taking of a permanent fund dividend for rent and damages
owed to a residential landlord." [HB 282 was also heard earlier
in this hearing.]
The committee took an at-ease from 2:47 p.m. to 2:50 p.m.
2:50:18 PM
CHAIR KELLER announced what the committee will cover on
Wednesday.
2:50:54 PM
REPRESENTATIVE DOUG ISAACSON, Alaska State Legislature, said he
has provided an amendment analysis for version P of HB 282. Of
the eight amendments here, he stated, he is asking that the
committee not move Amendment 1. He noted that Amendment 2 was
previously deleted, and he would like Amendment 3 to be offered.
He said he does not want the committee to adopt Amendment 4 or
5, and he would like Amendments 6 and 7 and Conceptual Amendment
8 to be offered. He spoke of what he called Amendment 3.
2:52:04 PM
CHAIR KELLER clarified that he was speaking of the amendment
labeled P.3, which will be Amendment 1.
UNIDENTIFIED SPEAKER moved to adopt Amendment 1, [labeled 28-
LS0930\P.3, Bullock, 3/25/14] as follows [original punctuation
provided]:
Page 10, line 1:
Delete "or"
Insert ", by a"
Page 10, line 2, following "premises":
Insert ", or the rental agreement"
2:52:30 PM
CHAIR KELLER objected.
REPRESENTATIVE ISAACSON said in absence of a local law
restricting the number of people in a dwelling, the language in
Amendment 1 allows the landlord to set the number of occupants
in the rental agreement.
REPRESENTATIVE LEDOUX asked if that was not allowed previously.
BRENDA HEWITT, Staff, to Senator Doug Isaacson, Alaska State
Legislature, said it is her understanding that landlords are not
able to make those restrictions.
2:53:33 PM
CHAIR KELLER removed his objection. There being no further
objections, Amendment 1 was adopted.
REPRESENTATIVE PRUITT moved to adopt Amendment 2, [labeled 28-
LS0930\P.6, Bullock, 4/7/14], as follows [original punctuation
provided]:
Page 10, line 10, through page 11, line 5:
Delete all material.
Renumber the following bill sections accordingly.
Page 13, line 30:
Delete "Sections 4 - 16"
Insert "Sections 4 - 15"
2:54:39 PM
CHAIR KELLER objected.
REPRESENTATIVE ISAACSON said the Uniform Residential Landlord
Tenant Act pending in Congress is "vetting a lot of this issue.
It was suggested that we remove this section until those have
been covered on the federal side just for the best clarity.
This subject has a lot of tentacles to it and all the parties
are willing to wait until it's finalized and bring it back as
its own bill later."
2:54:46 PM
CHAIR KELLER clarified that Amendment 2 deletes Section 14,
pages 10-11 from HB 282. He removed his objection. There being
no further objections, Amendment 2 was adopted.
2:54:54 PM
REPRESENTATIVE PRUITT moved Amendment 3, labeled 28-LS0930\P.7,
Bullock, 4/7/14, as follows [original punctuation provided]:
Page 12, lines 15 - 16:
Delete "in this paragraph, "transient occupancy"
means the presence or stay of an individual for less
than 30 consecutive days;"
Page 12, line 28, through page 13, line 1:
Delete ";
(9) occupancy by an individual who is a
victim of trauma from a sexual assault or domestic
violence and who is receiving housing assistance from
a victim counseling center; in this paragraph, "victim
counseling center" has the meaning given in
AS 18.66.250"
CHAIR KELLER objected.
REPRESENTATIVE ISAACSON said there were issues with transient
occupancy. It will be dealt with separately, he noted. With
Amendment 5 "we're also noting that [paragraph] 9, as noted on
the page, is also no longer necessary, so we're deleting that
section."
2:55:57 PM
CHAIR KELLER clarified that Amendment 5 deletes page 12, lines
15 and 16.
REPRESENTATIVE ISAACSON noted that line 28 on page 12 will also
be deleted.
REPRESENTATIVE GRUENBERG expressed his belief that the cleaner
way of accomplishing that is to strike Section 16 from the bill,
"because that is all that 16 does."
2:56:42 PM
REPRESENTATIVE PRUITT withdrew his [motion].
2:57:06 PM
REPRESENTATIVE GRUENBERG offered Conceptual Amendment 4 to
strike Section 16 on pages 12-13.
2:57:21 PM
REPRESENTATIVE ISAACSON asked about the amendment.
REPRESENTATIVE GRUENBERG said it is crystal clear that the
current law will remain: AS 34.03.330(b) is totally unchanged,
the regular text remains, and none of the new language goes in.
2:58:23 PM
CHAIR KELLER clarified that Conceptual Amendment 4 deletes page
12, line 3, through page 13, line 1, which is the entirety of
Section 16.
REPRESENTATIVE PRUITT said this approach is cleaner.
There being no objection, Conceptual Amendment 4 was adopted.
2:59:15 PM
REPRESENTATIVE ISAACSON said his next amendment retains the word
"uniform" on page 1, line 6; page 4, line 28; and page 13, line
3, "so it basically deletes several sections that we were
originally removing the word 'uniform', now it has been advised
that we retain it for purposes of benefit to the residents of
the state."
2:59:55 PM
REPRESENTATIVE GRUENBERG said he asked Representative Isaacson
to leave the title unchanged in AS 34.03.330 because unless the
commissioners on uniform state law say the state is no longer
uniform, "we should be uniform; it's a great benefit." The
decisions from other states have persuasive and precedential
value, he said. Additionally, the commissioners will be able to
look at the final product, because it is unknown what might be
done on the floor and by the Senate, and it is premature to do
that now, he explained.
CHAIR KELLER said Representative Gruenberg is talking about
Conceptual Amendment 5. He asked him to make his motion.
3:01:20 PM
REPRESENTATIVE GRUENBERG moved to delete Section 17 of HB 282
and retain the term "Uniform Residential Landlord and Tenant
Act," or anything like that where ever it appears. "So the law
would remain unchanged, but we basically take out Section 17 and
conform the rest of the bill so that we still refer to the
uniform act."
3:01:53 PM
REPRESENTATIVE ISAACSON said he believes what is really being
offered is removing "uniform" in Sections 1, 2, and 3. By just
deleting Sections 1, 2, 3, and 17, that would be accomplished,
he said.
REPRESENTATIVE GRUENBERG agreed and moved to delete Section 1,
pages 1-3; Section 2, pages 3-4; Section 3, page 4; and Section
17, page 13 from HB 282.
CHAIR KELLER objected. That is Amendment 5, and it is to delete
Sections 1-3 and Section 17 from the bill. He removed his
objection and there being no further objections, Conceptual
Amendment 5 was adopted.
3:04:34 PM
REPRESENTATIVE GRUENBERG said that somebody handed out some
definitions [of terms contained in HB 282].
REPRESENTATIVE ISAACSON said the bill still has the pet deposit;
the definition of normal wear and tear; the requirement that
landlords maintain a separate accounting of security funds; the
confirmation of premise condition; the allowance of dry cabins;
the allowance of landlords to restrict the number of persons in
a dwelling; the allowance for landlords to evict tenants for
illegal activities; and the allowance for landlords to attach
the Alaska Permanent Fund dividend for unpaid rent or damages.
Therefore, he said, HB 282 still "does extensive work that will
help both the tenant and the landlord have safe and affordable
housing."
3:05:58 PM
CHAIR KELLER said he will get a CS to the committee as soon as
it is available. He set HB 282 aside.
REPRESENTATIVE GRUENBERG said he thinks it is a good bill.
REPRESENTATIVE LYNN said he is ready to buy income property or
to [become a renter] once this bill passes.