02/04/1999 08:05 AM House CRA

HB 22 - INVESTIGATIONS BY MUNICIPAL ASSESSOR                                                                                    
                                                                                                                                
Number 292                                                                                                                      
                                                                                                                                
CO-CHAIRMAN HALCRO announced the next order of business before the                                                              
committee as HOUSE BILL NO. 22, "An Act relating to investigations                                                              
of property by a municipal assessor or the assessor's agent; and                                                                
providing for an effective date."  Co-Chairman Halcro called a                                                                  
brief at-ease from 9:05 a.m. to 9:07 a.m.                                                                                       
                                                                                                                                
REPRESENTATIVE OGAN, sponsor of HB 22, informed the committee that                                                              
the proposed committee substitute (CS) includes language addressing                                                             
the concerns brought out at the previous hearing.                                                                               
                                                                                                                                
CO-CHAIRMAN HARRIS moved to adopt CSHB 22(CRA), Version LS0191\G                                                                
Cook dated 2/3/99, as the working document before the committee.                                                                
                                                                                                                                
REPRESENTATIVE OGAN referred the committee to page 1, line 9                                                                    
paragraph (1) which is new language reading, "if the structure is                                                               
under construction and not yet occupied;". On page 1, line 11, the                                                              
word "actual" was inserted before "possession".  Representative                                                                 
Ogan believed that language protected the right to privacy as well                                                              
as due process.                                                                                                                 
                                                                                                                                
CO-CHAIRMAN HALCRO noted that the requirement of written permission                                                             
was not included in the proposed CS.                                                                                            
                                                                                                                                
REPRESENTATIVE OGAN agreed and explained that he did not sense at                                                               
the last hearing that the members or the assessors supported                                                                    
written permission.                                                                                                             
                                                                                                                                
Number 346                                                                                                                      
                                                                                                                                
REPRESENTATIVE MURKOWSKI inquired as to the meaning of "actual                                                                  
possession", especially regarding a tenant situation.  She asked if                                                             
the assessors had an opinion on this language.                                                                                  
                                                                                                                                
REPRESENTATIVE OGAN said that he had not discussed the language                                                                 
with the assessors.  Under the constitution the right to privacy                                                                
extends to renters as well as owners.  Representative Ogan believed                                                             
that a renter should have the right to refuse access to the                                                                     
dwelling.  If the owner of the property wants the assessor to enter                                                             
the property, then the owner can contact the assessor and encourage                                                             
the use of a court order to enter.                                                                                              
                                                                                                                                
Number 380                                                                                                                      
                                                                                                                                
STEVE VAN SANT, State Assessor, Department of Community & Regional                                                              
Affairs, emphasized the industry policy that when an assessor is                                                                
refused entry the assessor leaves.  Mr. Van Sant did not have a                                                                 
problem with the "actual possession" language.  In response to                                                                  
Co-Chairman Harris, Mr. Van Sant said that he had seen the proposed                                                             
CS and did not have a problem with that.                                                                                        
                                                                                                                                
Number 412                                                                                                                      
                                                                                                                                
REPRESENTATIVE DYSON moved to report CSHB 22(CRA) out of committee                                                              
with individual recommendations.  There being no objection, it was                                                              
so ordered.                                                                                                                     
                                                                                                                                
CO-CHAIRMAN HALCRO noted that HB 22 was given an additional                                                                     
referral to House Judiciary.